Oneida Business Committee (2020)
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Public Packet
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Oneida Business Committee
Executive Session
8:30 AM Tuesday, January 07, 2020
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 AM Wednesday, January 08, 2020
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.
Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members
of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and
present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.
I.
CALL TO ORDER
II.
OPENING
III.
ADOPT THE AGENDA
IV.
MINUTES
V.
A.
Approve the December 4 and 6, 2019, special Business Committee meeting minutes
Sponsor: Lisa Summers, Secretary
B.
Approve the December 11, 2019, regular Business Committee meeting minutes
Sponsor: Lisa Summers, Secretary
C.
Approve the December 13, 2019, special Business Committee meeting minutes
Sponsor: Lisa Summers, Secretary
RESOLUTIONS
A.
Adopt resolution entitled 2019 InterTribal Buffalo Council, Buffalo Herd Development
Grant
Sponsor: Trish King, Treasurer
B.
Adopt resolution entitled FY2020-2022 Oneida Nation Tribal Transportation
Improvement Plan (TTIP) - file # 2019-1336
Sponsor: Debbie Thundercloud, General Manager
Oneida Business Committee
Regular Meeting Agenda
Page 1 of 5
January 08, 2020
Public Packet
VI.
VII.
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C.
Adopt resolution entitled Community Action Board - Alzheimer and Dementia
Proposed Research Project
Sponsor: Florence Petri, Chair/Oneida Nation Commission on Aging
D.
Consider resolution entitled Amendments to the Child Support Law
Sponsor: David P. Jordan, Councilman
E.
Enter the e-poll results into the record regarding the adopted resolution # 12-12-19-A
FY 2019-2020 IDEA Early Intervention for Infants and Toddlers Application
Sponsor: Lisa Summers, Secretary
APPOINTMENTS
A.
Determine next steps regarding one (1) vacancy - Oneida Nation Arts Board
Sponsor: Lisa Summers, Secretary
B.
Determine next steps regarding eight (8) alternate vacancies - Oneida Election Board
Sponsor: Lisa Summers, Secretary
C.
Determine next steps regarding ten (10) ad hoc vacancies - Oneida Election Board
Sponsor: Lisa Summers, Secretary
STANDING COMMITTEES
A.
B.
FINANCE COMMITTEE
1.
Accept the December 2, 2019, regular Finance Committee meeting minutes
Sponsor: Trish King, Treasurer
2.
Accept the December 16, 2019, regular Finance Committee meeting minutes
Sponsor: Trish King, Treasurer
LEGISLATIVE OPERATING COMMITTEE
1.
C.
QUALITY OF LIFE COMMITTEE
1.
VIII.
Accept the December 18, 2019, regular Legislative Operating Committee
meeting minutes
Sponsor: David P. Jordan, Councilman
Accept the November 14, 2019, regular Quality of Life Committee meeting
minutes
Sponsor: Brandon Stevens, Vice-Chairman
TRAVEL REPORTS
A.
Approve the travel report - Councilwoman Jennifer Webster - Indian Health Care
Improvement Fund (IHCIF) - Arlington, VA - March 11-13, 2019
Sponsor: Jennifer Webster, Councilwoman
Oneida Business Committee
Regular Meeting Agenda
Page 2 of 5
January 08, 2020
Public Packet
IX.
X.
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B.
Approve the travel report - Secretary Lisa Summers and Councilwoman Jennifer
Webster - 2019 Self-Governance Consultation Conference - Traverse City, MI - April
1-5, 2019
Sponsor: Jennifer Webster, Councilwoman
C.
Approve the travel report – Councilwoman Jennifer Webster – Tribal Self
Governance Advisory Committee meeting - Washington DC - July 14-16, 2019
Sponsor: Jennifer Webster, Councilwoman
D.
Approve the travel report - Councilwoman Jennifer Webster - 2019 Self-Governance
Professionals Workshop & Strategy Session - Maricopa, AZ - September 8-13, 2019
Sponsor: Jennifer Webster, Councilwoman
E.
Approve the travel report - Chairman Tehassi Hill, Secretary Lisa Summers, and
Councilman Daniel Guzman King - National Congress of American Indians 76th
Annual Convention & Marketplace - Albuquerque, NM - October 20-24, 2019
Sponsor: Tehassi Hill, Chairman
F.
Approve the travel report - Councilman Ernie Stevens III - Hemp Interim Final RuleTribal Consultation - Las Vegas, NV - December 10-12, 2019
Sponsor: Ernie Stevens III, Councilman
TRAVEL REQUESTS
A.
Approve the travel request in accordance with § 219.16-1 - Up to nine (9) Business
Committee members - Litigation oral argurments - Chicago, IL
Sponsor: Lisa Summers, Secretary
B.
Enter the e-poll results into the record regarding the approved travel request for
Secretary Lisa Summers to attend the Tribal Caucus Meeting in Nekoosa, WI December 11-12, 2019
Sponsor: Lisa Summers, Secretary
NEW BUSINESS
A.
CIP # 07-009 Building Demolitions - Approve the CIP Package Amendment
Sponsor: Debbie Thundercloud, General Manager
B.
CDC # 04-022 Public Transit Garage - Approve two (2) actions
Sponsor: Debbie Thundercloud, General Manager
C.
Determine next steps regarding the 2020 Special Election
Sponsor: Vicki Cornelius, Chair/Oneida Election Board
D.
Approve two (2) actions regarding BC resolution # 05-08-19-B
Sponsor: Vicki Cornelius, Chair/Oneida Election Board
Oneida Business Committee
Regular Meeting Agenda
Page 3 of 5
January 08, 2020
Public Packet
XI.
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E.
Approve the memorandum of understanding addendum appendix B - Between the
State of WI, Department of Children and Families, Bureau of Child Support and the
Oneida Nation - file # 2019-0668
Sponsor: Debbie Thundercloud, General Manager
F.
Enter the e-poll results into the record regarding the transfer of UWGB Basketball
Tickets and Parking Passes to Joint Marketing
Sponsor: Lisa Summers, Secretary
EXECUTIVE SESSION
A.
B.
REPORTS
1.
Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
2.
Accept the General Manager report
Sponsor: Debbie Thundercloud, General Manager
UNFINISHED BUSINESS
1.
File # 2019-CC-01
a.
Review proposed transition plan
Sponsor: Debbie Thundercloud, General Manager
Excerpt from December 11, 2019: Motion by Lisa Summers to defer item
X.D.3. File # 2019-CC-01, subsections a. Review proposed Transition plan
and b. Determine next steps regarding vacancies, to the January 8, 2020,
regular Business Committee meeting agenda, seconded by Jennifer
Webster. Motion carried.
Excerpt from September 25, 2019: (1) Motion by Lisa Summers to terminate
the appointment of Floyd Wayne Silas Jr. on the Oneida Powwow
Committee pursuant to §105.7-4 and post the vacancy, seconded by Kirby
Metoxen. Motion carried. (2) Motion by David P. Jordan to direct the General
Manager to amend the recommendations provided regarding file # 2019-CC01 and to bring back a transition plan proposal no later than the December
11, 2019, regular Business Committee meeting, seconded by Lisa Summers.
Motion carried.
b.
Determine next steps regarding vacancies
Sponsor: Lisa Summers, Secretary
Excerpt from December 11, 2019: Motion by Lisa Summers to defer item
X.D.3. File # 2019-CC-01, subsections a. Review proposed Transition plan
and b. Determine next steps regarding vacancies, to the January 8, 2020,
regular Business Committee meeting agenda, seconded by Jennifer
Webster. Motion carried.
Excerpt from October 9, 2019: Motion by Lisa Summers to defer this item to
the December 11, 2019, regular Business Committee meeting, noting the
General Manager will have a transition plan submitted to the Business
Committee by this date, as previously directed, seconded by Kirby Metoxen.
Motion carried.
Oneida Business Committee
Regular Meeting Agenda
Page 4 of 5
January 08, 2020
Public Packet
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C.
XII.
NEW BUSINESS
1.
Review application(s) for one (1) vacancy - Oneida Nation Arts Board
Sponsor: Lisa Summers, Secretary
2.
Review application(s) for eight (8) alternate vacancies - Oneida Election Board
Sponsor: Lisa Summers, Secretary
3.
Review application(s) for ten (10) ad hoc vacancies - Oneida Election Board
Sponsor: Lisa Summers, Secretary
4.
Enter the e-poll results into the record regarding the approved attorney
contract - Oneida Law Office staff attorney - file # 2019-1404
Sponsor: Lisa Summers, Secretary
5.
Enter the e-poll results into the record regarding the approved
recommendation of litigation counsel, option #1, in the December 13, 2019, email correspondence
Sponsor: Lisa Summers, Secretary
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and
Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364
or (800) 236-2214
Oneida Business Committee
Regular Meeting Agenda
Page 5 of 5
January 08, 2020
Public Packet
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Approve the December 4 and 6, 2019, special Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
01/08/20
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Contract Document(s) ☐ Legal Review
☐ Correspondence
☒ Minutes
☐ Fiscal Impact Statement ☐ Report
☐ Other: Describe
☐ Resolution
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☐ Not Applicable
☐ Budgeted – Grant Funded
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Summers, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
LLIGGINS
☐ Unbudgeted
Public Packet
7 of 365
DRAFT
Oneida Business Committee
Special Meeting
3:00 PM Wednesday, December 04 and 06, 2019
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
SPECIAL MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Council
members: David P. Jordan, Kirby Metoxen, Ernie Stevens III, Jennifer Webster;
Not Present: Councilman Daniel Guzman King;
Arrived at: Secretary Lisa Summers at 3:07 p.m.;
Others present: Jo Anne House, Larry Barton, Lisa Liggins;
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 3:02 p.m.
For the record: Councilman Daniel Guzman King is attending the FY-2022 Bemidji Area Budget
Consultation in Green Bay, WI. Secretary Lisa Summers will be a few minutes late.
II.
OPENING
Opening provided by Chairman Tehassi Hill.
Secretary Lisa Summers arrived at 3:07 a.m.
III.
ADOPT THE AGENDA (00:03:34)
Motion by David P. Jordan to adopt with two (2) changes [1) delete item IV.A.1. Accept the Sanctions
and Penalties law materials and add to the tentatively scheduled 2020 annual General Tribal Council
meeting agenda; and 2) under New Business header, item A. Cancel the December 26 and 27, 2019,
Oneida Business Committee meetings), seconded by Jennifer Webster. Motion carried:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Daniel Guzman King
Item VI.A. is addressed next.
Oneida Business Committee
Special Meeting Minutes
Page 1 of 4
December 04 and 06, 2019
Public Packet
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DRAFT
IV.
STANDING COMMITTEES
A.
LEGISLATIVE OPERATING COMMITTEE
1.
Accept the Sanctions and Penalties law materials and add to the tentatively
scheduled 2020 annual General Tribal Council meeting agenda
Sponsor: David P. Jordan, Councilman
Item deleted at the adoption of agenda.
V.
NEW BUSINESS
A.
Cancel the December 26 and 27, 2019, Oneida Business Committee meetings
(00:19:47)
Sponsor: Tehassi Hill, Chairman
Motion by Lisa Summers to approve the request to cancel the December 26 and 27, 2019, Oneida
Business Committee meetings, seconded by Ernie Stevens III. Motion carried:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Daniel Guzman King
(00:20:21)
Motion by David P. Jordan to recess at 4:47 p.m. until Friday, December 6, 2019, at 11:30 a.m.,
seconded by Lisa Summers. Motion carried:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Daniel Guzman King
Chairman Tehassi Hill called the meeting to order at 11:32 a.m. on Friday, December 6, 2019.
Roll call for the record:
Present: Chairman Tehassi Hill; Councilman David P. Jordan; Treasurer Trish King; ViceChairman Brandon Stevens; Councilman Ernie Stevens III; Secretary Lisa Summers,
Councilwoman Jennifer Webster;
Not Present: Councilman Daniel Guzman King; Councilman Kirby Metoxen;
Item IV.A. is re-addressed next.
Oneida Business Committee
Special Meeting Minutes
Page 2 of 4
December 04 and 06, 2019
Public Packet
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DRAFT
VI.
GENERAL TRIBAL COUNCIL
A.
Approve notice and materials for the January 20, 2020, tentatively scheduled
annual GTC meeting (00:05:07)
Sponsor: Lisa Summers, Secretary
Motion by Brandon Stevens to go into executive session at 3:28 p.m., seconded by Lisa Summers.
Motion carried:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Daniel Guzman King
Motion by Ernie Stevens III to come out of executive session at 4:46 p.m., seconded by David P.
Jordan. Motion carried:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Daniel Guzman King
Roll call for the record:
Present: Chairman Tehassi Hill; Councilman David P. Jordan; Treasurer Trish King; Councilman
Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III; Secretary Lisa
Summers; Councilwoman Jennifer Webster;
Not Present: Councilman Daniel Guzman King;
Motion by Lisa Summers to approve the notice and the annual reports including the changes noted in
the Secretary's December 4, 2019, memorandum, seconded by Jennifer Webster. Motion carried:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Ernie
Stevens III, Lisa Summers, Jennifer Webster
Not Present:
Daniel Guzman King
Note: The meeting packet had additional changes and still needs approval.
Item V.A. is addressed next.
(00:20:54)
Motion by Brandon Stevens to go into executive session at 11:32 a.m., seconded by Jennifer Webster.
Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Motion by Trish King to come out of executive session at 12:20 p.m., seconded by David P. Jordan.
Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Motion by Lisa Summers to approve the meeting materials including the changes noted in the
Secretary's December 6, 2019, memorandum, seconded by Brandon Stevens. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Oneida Business Committee
Special Meeting Minutes
Page 3 of 4
December 04 and 06, 2019
Public Packet
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DRAFT
VII.
ADJOURN (00:21:45)
Motion by Ernie Stevens III to adjourn at 12:21 p.m., seconded by Trish King. Motion carried:
Ayes:
David P. Jordan, Trish King, Brandon Stevens, Ernie Stevens III, Lisa
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Minutes prepared by Lisa Liggins, Information Management Specialist
Minutes approved as presented on
.
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Special Meeting Minutes
Page 4 of 4
December 04 and 06, 2019
Public Packet
11 of 365
Approve the December 11, 2019, regular Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
01/08/20
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Contract Document(s) ☐ Legal Review
☐ Correspondence
☒ Minutes
☐ Fiscal Impact Statement ☐ Report
☐ Other: Describe
☐ Resolution
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☐ Not Applicable
☐ Budgeted – Grant Funded
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Summers, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
LLIGGINS
☐ Unbudgeted
Public Packet
12 of 365
DRAFT
Oneida Business Committee
Executive Session
9:30 AM Tuesday, December 10, 2019
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 AM Wednesday, December 11, 2019
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
EXECUTIVE SESSION
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa
Summers, Council members: Daniel Guzman King, David P. Jordan, Ernie Stevens III, Jennifer Webster;
Not Present: n/a
Arrived at: Councilman Kirby Metoxen at 9:38 a.m.;
Others present: Jo Anne House, Larry Barton, Debbie Thundercloud, Lisa Liggins, Laura LaitinenWarren, Eric McLester, Troy Parr, Joanie Buckley, Pat Pelky;
REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Trish King, Secretary Lisa
Summers, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Jennifer Webster;
Not Present: Councilman Ernie Stevens III;
Arrived at: n/a
Others present: Jo Anne House, Larry Barton, Lisa Liggins, Debbie Danforth, Michelle Myers, Teresa
Anderson, Mercedes Dumas, Pam Clark, Carrie Blohowiak, Eric Krawczyk, Chris Johnson, Eric McLester,
Celestine Jeffreys, Bonnie Pigman;
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 8:33 a.m.
For the record: Councilman Ernie Stevens III is on approved travel attending the Hemp Interim Final
Rule-Tribal Consultation in Las Vegas, NV.
II.
OPENING (00:00:14)
Opening provided by Chairman Tehassi Hill.
Oneida Business Committee
Regular Meeting Minutes
Page 1 of 10
December 11, 2019
Public Packet
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DRAFT
A.
Special Recognition for earning accreditation from the Accreditation Association
for Ambulatory Health Care (00:03:41)
Sponsor: Jennifer Webster, Councilwoman
Special recognition by Councilwoman Jennifer Webster of the Comprehensive Health Division for
earning accreditation from the Accreditation Association for Ambulatory Health Care; the following
individuals from the Mock Survey Team and the Executive Management Team were recognized today:
Henrietta Cornelius, Bill Stempski, Pamela Clark, Carrie Blohowiak, Connie VandenBerg, Sheri
Forgette, Eric Krawczyk, Mercedes Dumas, Teresa Anderson, Michelle Myers, Ravinder Vir, Jeff
Carlson, Dave Larson, Mari Kriescher, Mary Corneliussen, Mercie Danforth, and Debbie Danforth.
Additional recognition by Secretary Lisa Summers inviting the full team/division to a recognition event
in January 2020.
III.
ADOPT THE AGENDA (00:11:20)
Motion by Lisa Summers to adopt the agenda with four (4) noted changes [1) under the General Tribal
Council heading, add item IX.A Suspend stipends for non-reporting entities for the 2020 annual report;
2) under the General Tribal Council heading, add item IX.B Approve the amended 2020 annual
General Tribal Council meeting agenda to include the 2020 General Election dates; 3) under the
Executive Session heading, add item X.E.4. Adopt resolution entitled Regarding the pardon of Valerie
P. Ventura; and 4) under the Executive Session heading, add item X.E.5. Adopt resolution entitled
Regarding the pardon of Anthony P. Konkol], seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
IV.
MINUTES
A.
Approve the November 26, 2019, regular Business Committee meeting minutes
(00:13:08)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to approve the November 26, 2019, regular Business Committee meeting
minutes, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
B.
Approve the November 27, 2019, quarterly reports Business Committee meeting
minutes (00:13:30)
Sponsor: Lisa Summers, Secretary
Motion by Kirby Metoxen to approve the November 27, 2019, quarterly reports Business Committee
meeting minutes, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Oneida Business Committee
Regular Meeting Minutes
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December 11, 2019
Public Packet
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DRAFT
V.
RESOLUTIONS
A.
Adopt resolution entitled Amending resolution # BC 01-09-19-D Appointment of
Liaison Responsibilities for Organization Entities for the 2017-2020 term of the
Oneida Business Committee (00:13:52)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to adopt resolution 12-11-19-A Amending resolution # BC 01-09-19-D
Appointment of Liaison Responsibilities for Organization Entities for the 2017-2020 term of the Oneida
Business Committee, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
VI.
STANDING COMMITTEES
A.
LEGISLATIVE OPERATING COMMITTEE
1.
Accept the November 20, 2019, regular Legislative Operating Committee
meeting minutes (00:16:10)
Sponsor: David P. Jordan, Councilman
Motion by Kirby Metoxen to accept the November 20, 2019, regular Legislative Operating Committee
meeting minutes, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
VII.
TRAVEL REQUESTS
A.
Approve the travel request in accordance with §219.6-1 - Eight (8) Individuals 2020 Special Election - Milwaukee, WI - January 24-26, 2020 (00:16:34)
Sponsor: Vicki Cornelius, Chair/Oneida Election Board
Motion by Jennifer Webster to approve the travel request in accordance with §219.6-1 for eight (8)
individuals to attend the 2020 Special Election in Milwaukee, WI - January 24-26, 2020, seconded by
Lisa Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Oneida Business Committee
Regular Meeting Minutes
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December 11, 2019
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DRAFT
B.
Approve the travel request - Chairman Tehassi Hill - Brackeen v. Bernhardt
Arguments - New Orleans, LA - January 21-22, 2020 (00:18:03)
Sponsor: Tehassi Hill, Chairman
Motion by Lisa Summers to approve the travel request for Chairman Tehassi Hill to attend the
Brackeen v. Bernhardt Arguments in New Orleans, LA - January 21-22, 2020, seconded by Kirby
Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
C.
Approve the travel request - Councilwoman Jennifer Webster - Tribal SelfGovernance Advisory Committee (TSGAC)/SGAC - Washington DC - January 2224, 2020 (00:18:32)
Sponsor: Jennifer Webster, Councilwoman
Motion by Lisa Summers to approve the travel request for Councilwoman Jennifer Webster to attend
the Tribal Self-Governance Advisory Committee (TSGAC)/SGAC in Washington DC - January 22-24,
2020, seconded by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers
Abstained:
Jennifer Webster
Not Present:
Ernie Stevens III
D.
Approve the travel request - Vice-Chairman Brandon Stevens - 6th Annual Tribal
Govt E-Commerce conference: Wiring the Rez 2020 - Chandler, AZ - January 30-31,
2020 (00:18:59)
Sponsor: Brandon Stevens, Vice-Chairman
Motion by Lisa Summers to approve the travel request for Vice-Chairman Brandon Stevens to attend
the 6th Annual Tribal Govt E-Commerce conference: Wiring the Rez 2020 in Chandler, AZ - January
30-31, 2020, seconded by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Lisa Summers, Jennifer Webster
Abstained:
Brandon Stevens
Not Present:
Ernie Stevens III
E.
Approve the travel request - Councilman Kirby Metoxen - 2020 AIANTA Board
retreat - Palm Springs, CA - June 6-9, 2020 (00:19:37)
Sponsor: Kirby Metoxen, Councilman
Motion by David P. Jordan to approve the travel request for Councilman Kirby Metoxen to attend the
2020 AIANTA Board retreat in Palm Springs, CA - June 6-9, 2020, seconded by Trish King. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Abstained:
Kirby Metoxen
Not Present:
Ernie Stevens III
Oneida Business Committee
Regular Meeting Minutes
Page 4 of 10
December 11, 2019
Public Packet
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DRAFT
VIII.
NEW BUSINESS
A.
Approve two (2) actions regarding funding for Oneida language classes in area
public school districts (00:20:15)
Sponsor: Jennifer Webster, Councilwoman
Motion by Lisa Summers to support the request from the Pulaski Community School District for
financial support the Oneida Language Teaching Position and to defer this request to the General
Manager and the Finance Committee to collaborate on the funding, seconded by Kirby Metoxen.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
B.
Approve the CY2020 vacancy postings for Boards, Committees, Commissions,
Corporate Boards, Standing Committees, and Other (00:30:40)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to approve the CY2020 vacancy postings for Boards, Committees,
Commissions, Corporate Boards, Standing Committees, and Other, seconded by Jennifer Webster.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
C.
Re-post one (1) vacancy - Oneida Environmental Resource Board (00:31:38)
Sponsor: Lisa Summers, Secretary
Motion by Jennifer Webster to re-post one (1) vacancy for the Oneida Environmental Resource Board,
seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
IX.
GENERAL TRIBAL COUNCIL
A.
Suspend stipends for non-reporting entities for the 2020 annual report (00:32:20)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to suspend stipends for the Oneida Land Claims Commission and the
Oneida Nation Arts Board in accordance with § 105.12-5 of the Boards, Committees, and
Commissions law until their 2020 annual reports are accepted by the General Tribal Council, seconded
by Lisa Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Oneida Business Committee
Regular Meeting Minutes
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December 11, 2019
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B.
Approve the amended 2020 annual General Tribal Council meeting agenda to
include the 2020 General Election dates (00:34:50)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to approve the amended 2020 annual General Tribal Council meeting
agenda to include the 2020 General Election dates, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
X.
EXECUTIVE SESSION
A.
REPORTS
1.
Accept the Chief Counsel report (00:36:45)
Sponsor: Jo Anne House, Chief Counsel
Motion by Brandon Stevens to accept the Chief Counsel report, seconded by David P. Jordan. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Motion by Brandon Stevens to approve a limited waiver of sovereign immunity - Brown County Public
Works Department project agreement - file # 2019-1359, seconded by Lisa Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
B.
STANDING ITEMS
1.
ONEIDA GOLF ENTERPRISE CORPORATION - LADIES PROFESSIONAL GOLF
ASSOCIATION
a.
Accept the Thornberry Creek LPGA Classic
September/October/November 2019 report (00:37:40)
Sponsor: Eric McLester, Business Compliance Analyst
Motion by Lisa Summers to accept the Thornberry Creek LPGA Classic September/October/November
2019 report, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Oneida Business Committee
Regular Meeting Minutes
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C.
AUDIT COMMITTEE
1.
Accept the October 10, 2019, regular Audit Committee meeting minutes
(00:38:07)
Sponsor: David P. Jordan, Councilman
Motion by Lisa Summers to accept the October 10, 2019, regular Audit Committee meeting minutes,
seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
D.
UNFINISHED BUSINESS
1.
File # ED19-013 - Accept the update and approve the recommendation (00:38:26)
Sponsor: Debbie Thundercloud, General Manager
Motion by Lisa Summers to accept the update and approve the recommendation regarding file #
ED19-013, seconded by Trish King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
2.
Accept the Insurance Notice Gap sub-team update (00:38:51)
Sponsor: Debbie Thundercloud, General Manager
Motion by Jennifer Webster to accept the Insurance Notice Gap sub-team update, seconded by Lisa
Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Oneida Business Committee
Regular Meeting Minutes
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3.
File # 2019-CC-01
a.
Review proposed transition plan (00:39:20)
Sponsor: Debbie Thundercloud, General Manager
Excerpt from September 25, 2019: (1) Motion by Lisa Summers to terminate
the appointment of Floyd Wayne Silas Jr. on the Oneida Powwow Committee
pursuant to §105.7-4 and post the vacancy, seconded by Kirby Metoxen.
Motion carried. (2) Motion by David P. Jordan to direct the General Manager
to amend the recommendations provided regarding file # 2019-CC-01 and to
bring back a transition plan proposal no later than the December 11, 2019,
regular Business Committee meeting, seconded by Lisa Summers. Motion
carried.
Motion by Lisa Summers to defer item X.D.3. File # 2019-CC-01, subsections a. Review proposed
Transition plan and b. Determine next steps regarding vacancies, to the January 8, 2020, regular
Business Committee meeting agenda, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
b.
Determine next steps regarding vacancies (00:39:20)
Sponsor: Lisa Summers, Secretary
Excerpt from October 9, 2019: Motion by Lisa Summers to defer this item to
the December 11, 2019, regular Business Committee meeting, noting the
General Manager will have a transition plan submitted to the Business
Committee by this date, as previously directed, seconded by Kirby Metoxen.
Motion carried.
Motion by Lisa Summers to defer item X.D.3. File # 2019-CC-01, subsections a. Review proposed
Transition plan and b. Determine next steps regarding vacancies, to the January 8, 2020, regular
Business Committee meeting agenda, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
E.
NEW BUSINESS
1.
Discuss draft Collaborative Charter (00:39:59)
Sponsor: Debbie Thundercloud, General Manager
Motion by Jennifer Webster to accept the discussion regarding the draft Collaborative Charter as
information, seconded by Lisa Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Oneida Business Committee
Regular Meeting Minutes
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2.
Discuss closeout of Professional Services Agreement - file # 2016-1035 and
2018-0178 (00:40:32); (00:43:05)
Sponsor: Lisa Summers, Secretary
Motion by Lisa Summers to defer to end of meeting, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Item X.E.3. is addressed next.
Motion by Lisa Summers to go into executive session at 9:16 a.m., seconded by Kirby Metoxen.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Motion by Lisa Summers to come out of executive session at 9:44 a.m., seconded by Kirby Metoxen.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Roll call for the record:
Present: Councilman Daniel Guzman King; Chairman Tehassi Hill; Councilman David P. Jordan;
Treasurer Trish King; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Secretary Lisa
Summers; Councilwoman Jennifer Webster;
Not Present: Councilman Ernie Stevens III;
Motion by Lisa Summers to accept the memorandum dated December 4, 2019, and approve the two
(2) identified actions, seconded by Brandon Stevens. Motion carried:
Ayes:
David P. Jordan, Trish King, Kirby Metoxen, Brandon Stevens, Lisa
Summers, Jennifer Webster
Abstained:
Daniel Guzman King
Not Present:
Ernie Stevens III
Item XI. is addressed next.
3.
Adopt resolution entitled First Amendment to the Governmental 401(k) Plan
(00:41:00)
Sponsor: Larry Barton, Chief Financial Officer
Motion by David P. Jordan to adopt resolution 12-11-19-B First Amendment to the Governmental
401(k) Plan, seconded by Lisa Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Oneida Business Committee
Regular Meeting Minutes
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4.
Adopt resolution entitled Regarding Valerie P. Ventura (00:41:19)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to accept the Pardon and Forgiveness Screening Committee's
recommendation regarding a pardon application submitted by Valerie P. Ventura and move the
resolution entitled Regarding Pardon of Valerie P. Ventura to open session, seconded by Jennifer
Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Motion by Lisa Summers to adopt resolution 12-11-19-C Regarding Pardon of Valerie P. Ventura,
seconded by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
5.
Adopt resolution entitled Regarding Anthony P. Konkol (00:42:20)
Sponsor: Lisa Summers, Secretary
Motion by David P. Jordan to accept the Pardon and Forgiveness Screening Committee's
recommendation regarding a pardon application submitted by Anthony P. Konkol and move the
resolution entitled Regarding Pardon of Anthony P. Konkol to open session, seconded by Lisa
Summers. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Motion by Lisa Summers to adopt resolution 12-11-19-D Regarding Pardon of Anthony P. Konkol,
seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Item X.E.2. is re-addressed next.
XI.
ADJOURN (00:44:10)
Motion by David P. Jordan to adjourn at 9:45 a.m., seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Kirby Metoxen,
Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present:
Ernie Stevens III
Minutes prepared by Lisa Liggins, Information Management Specialist
Minutes approved as presented on
.
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Regular Meeting Minutes
Page 10 of 10
December 11, 2019
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Approve the December 13, 2019, special Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
01/08/19
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Contract Document(s) ☐ Legal Review
☐ Correspondence
☒ Minutes
☐ Fiscal Impact Statement ☐ Report
☐ Other: Describe
☐ Resolution
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☐ Not Applicable
☐ Budgeted – Grant Funded
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Summers, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
LLIGGINS
☐ Unbudgeted
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DRAFT
Oneida Business Committee
Special Meeting
9:00 AM Friday, December 13, 2019
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
SPECIAL MEETING
Present: Chairman Tehassi Hill, Treasurer Trish King, Council members: Daniel Guzman King, David P.
Jordan, Ernie Stevens III;
Not Present: Secretary Lisa Summers, Council members: Kirby Metoxen, Jennifer Webster;
Arrived at: Vice-Chairman Brandon Stevens at 9:24 a.m.;
Others present: Jo Anne House, Larry Barton, Lisa Liggins;
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 9:02 a.m.
For the record: Vice-Chairman Brandon Stevens will be a few minutes late. Secretary Lisa Summers
is on pre-approved vacation day. Councilman Kirby Metoxen is out on a personal day. Councilwoman
Jennifer Webster is out on a pre-approved vacation day.
II.
OPENING
Opening provided by Councilman Daniel Guzman King.
Chairman Tehassi Hill asked for a moment of silence for last night's passing of former Chairman Rick
Hill.
III.
ADOPT THE AGENDA (00:01:25)
Motion by David P. Jordan to adopt the agenda as presented, seconded by Daniel Guzman King.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster
Oneida Business Committee
Special Meeting Minutes
Page 1 of 3
December 13, 2019
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IV.
EXECUTIVE SESSION (00:01:45)
Motion by David P. Jordan to go into executive session at 9:05 a.m., seconded by Ernie Stevens III.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Ernie Stevens III
Not Present:
Kirby Metoxen, Brandon Stevens, Lisa Summers, Jennifer Webster
Vice-Chairman Brandon Stevens arrived at 9:24 a.m.
Motion by David P. Jordan to come out of executive session at 9:56 a.m., seconded by Brandon
Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
Roll call for the record:
Present: Chairman Tehassi Hill; Councilman Daniel Guzman King; Councilman David P. Jordan;
Treasurer Trish King; Vice-Chairman Brandon Stevens; Councilman Ernie Stevens III;
Not Present: Councilman Kirby Metoxen; Secretary Lisa Summers; Councilwoman Jennifer
Webster;
A.
AUDIT COMMITTEE
1.
Approve RSM, US LLP presentation materials to be forwarded to the January
20, 2020, tentatively scheduled annual General Tribal Council meeting
(00:02:10)
Sponsor: David P. Jordan, Councilman
Motion by Trish King to approve the RSM, US LLP presentation materials, with the noted changes, to
be forwarded to the January 20, 2020, tentatively scheduled annual General Tribal Council meeting,
seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
2.
Approve the September 30, 2019, year-end audited financial statements
presented by RSM, US LLP (00:02:40)
Sponsor: David P. Jordan, Councilman
Motion by Trish King to approve the September 30, 2019, year-end audited financial statements
presented by RSM, US LLP, seconded by Ernie Stevens III. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
Chairman Tehassi Hill recognized the hard work and dedication of the employees in Audit, Finance,
Accounting, and Management who ensure our financials are represented properly and ensure funding
is allocated and expended properly.
Oneida Business Committee
Special Meeting Minutes
Page 2 of 3
December 13, 2019
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DRAFT
V.
ADJOURN (00:03:45)
Motion by David P. Jordan to adjourn at 9:58 a.m., seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Trish King, Brandon Stevens,
Ernie Stevens III
Not Present:
Kirby Metoxen, Lisa Summers, Jennifer Webster
Minutes prepared by Lisa Liggins, Information Management Specialist
Minutes approved as presented on
.
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Special Meeting Minutes
Page 3 of 3
December 13, 2019
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Oneida Business Committee Agenda Request
Adopt resolution entitled 2019 InterTribal Buffalo Council, Buffalo Herd Development Grant
1. Meeting Date Requested:
01 / 08 / 20
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Passage of a resolution of grant application support
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Grant Authorization form
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Trish King, Treasurer
Primary Requestor/Submitter:
Ralinda Ninham-Lamberies, Finance
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Donald Miller, Grant Specialist, Grants
Name, Title / Dept.
Additional Requestor:
Jeff Scofield, Agricultural Director, Oneida Farm
Name, Title / Dept.
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Unbudgeted
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The Oneida farm annually applies for herd development support from the InterTribal Buffalo Council to promote
the health and expansion of the Oneida Nations Buffalo herd. The benefits from the herd are felt in the sharing of
the herds meat with the Oneida School system, the Oneida Emergency Pantry, the Elders meal site, other
community events, and through sales to the community, all things that are supported in part by the annual
InterTribal Buffalo Council Grant.
To apply for this supporting grant the farm is required to also submit a resolution of support that also authorizes
the application.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # ___________
2019 InterTribal Buffalo Council, Buffalo Herd Development Grant
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect,
maintain and improve the standard of living and the environment in which the Oneida
people live; and
WHEREAS,
the Oneida Buffalo Herd Development Project promotes food sovereignty and selfsufficiency and is an integral component of the Oneida Community Integrated Food System
(OCIFS) because it provides high quality, hormone-free, traditional bison meat products
for the improved health and well-being of the Oneida Community; and
WHEREAS,
the Oneida Nation is committed to maintaining long-term support for the Oneida Buffalo
Herd Development Project; and
WHEREAS,
the Oneida Business Committee has on several occasions in the past, on behalf of the
Oneida Nation, expressed their support through resolutions for similar grant applications
and the InterTribal Buffalo Council.
NOW THEREFORE BE IT RESOLVED, that the Oneida Nation authorizes and supports the Oneida Farm’s
submission of a grant application to the InterTribal Buffalo Council for the purposes of restoring and
supporting the Oneida Buffalo Herd Development Project in a manner that is culturally, ecologically and
economically self-sustaining, and supportive of the Oneida Nations nutritional goals and community health.
The official Tribal representative to the InterTribal Buffalo Council shall be Jeff Scofield, Agricultural Director
and his alternate shall be Ralinda Ninham-Lamberies, Assistant Chief Financial Officer.
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Oneida Business Committee Agenda Request
Adopt resolution entitled FY2020-2022 Oneida Nation Tribal Transportation Improvement Plan (TTIP) - file
1. Meeting Date Requested:
01 / 08 / 20
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Resolutions
Accept as Information only
Action - please describe:
Approve the attached tribal transportation list. The list is based off housing needs which is the Nations
priority. Other roads are based off the paser rating which identify roads with the highest priority of need
(pulverize and pave, maintenance etc)
3. Supporting Materials
Report
Resolution
Contract
Other:
1. TIP List
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Troy Parr, Asst. Division Director/Development
Primary Requestor/Submitter:
James Petitjean, Community Development Area Manager
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
The Oneida Nation is eligible to receive $1,229,070 in road funding from the BIA which represents an increase of
10.6% from 2019. 75% of the road funds are used for new infrastructure and the balance remaining is for
maintaining our roads. As a side note 17 of our tribal roads have moved from a paser rating of 4 or less to 8-10
score. This shows we are using the funds responsibly to upgrade our roads. 32% of our roads have been
upgraded to a high paser rating in the last 5 years.
A street sweeper is part of the funds that are eligible for funding out of the maintenance funds.
The new roads in Break Creak Village will support 36 housing units. Housing is a high priority within the nation.
The funding the Oneida Nation receives are for planning road funds, program administration, preliminary
engineering, construction, construction engineering, construction management and road maintenance.
Action needed: To approve the attached resolution.
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # ___________
FY2020-2022 Oneida Nation Tribal Transportation Improvement Plan (TTIP)
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
adequate transportation infrastructure is integral to serving local and community needs;
and
WHEREAS,
the Oneida Business Committee seeks to provide adequate transportation facilities to meet
the needs of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee developed the 2020-2022 Oneida Nation Tribal
Transportation improvement plan, and it requests the Bureau of Indian affairs incorporate
it into the control schedule Transportation Improvement Plan as a required step to ensure
the Oneida Nation receives its "Tribal Shares" funding; and
WHEREAS,
the Oneida Business Committee agrees with the needs and priorities presented in the
2020-2022 Oneida Nation Tribal Transportation Improvement Plan.
NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee supports and adopts the
2020-2022 Oneida Nation Tribal Transportation Improvement Plan for the projects listed in the attached
CSTIP forms that were developed between the Oneida Nation and the BIA for Tribal Shares funding along
with corresponding 2020 TTP retained services agreement (RSA).
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Adopt resolution entitled Community Action Board - Alzheimer and Dementia Proposed Research Project
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Note: The BC Support Office contacted the ONCOA Coordinator on 1/2/20 regarding this request
in order to clarify the intent and determine if BC resolution # 05-08-19-A Research Requests:
Review and Approval to Conduct applied to this request. The ONCOA Coordinator indicated that
this resolution is simply to request OBC support of a project which ONCOA already supports; and
it is not meant to imply consent or commitment to participate in a research project.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # ___________
Community Action Board - Alzheimer and Dementia Proposed Research Project
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Nation is committed to protecting its members from problems that result in or
exacerbate illness and disease such as Alzheimer's and Dementia (AD); and
WHEREAS,
Despite, a decades-long mandate for inclusion, American Indians (Al) are nearly absent in
Alzheimer's disease and related dementias research even though data suggests that AI
have unique risk features; and
WHEREAS,
one key factor impeding this participation is the existence of significant cultural differences
between the researchers and the AI communities; and
WHEREAS,
the objective of this research effort would be to study successful collaborations wherein
tribal communities and university research teams can create an intercultural bridge that
can successfully bridge the two cultures; and
WHEREAS,
the resulting Best Practice protocols from this research project could provide innovative
and practical guidance to research teams seeking to build intercultural bridges and help
stimulate AD research resulting in measurably more positive subject responses than the
current standard approaches.
NOW THEREFORE BE IT RESOLVED, that to help promote the health and success of the Oneida Elder
community the Oneida Business Committee will support this Oneida Nation Commission on Aging proposed
research project.
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Consider resolution entitled Amendments to the Child Support Law
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Update what constitutes a "substantial change in circumstance" that warrants a
modification of a child suppmt order [7 0. C. 704.10-2(b)];
Repeal Child Support Rule No. 1 - Deviation from Child Suppmt and Rule No. 2 Enforcement Tools and move the contents of the rules into the body of the law itself; and
Make additional updates and clarify language throughout the law.
The Legislative Operating Committee developed the proposed amendments to the Child Suppmt
law through collaboration with representatives from the Oneida Child Support Agency, Oneida
Law Office, Oneida Family Court, and Oneida Police Depaitment. The Legislative Operating
Committee also reviewed various laws of the Nation, as well as seven (7) child suppmt laws from
other tribes and the State of Wisconsin.
In accordance with the Legislative Procedures Act, a public meeting on the Child Support law
was held on October 17, 2019. Two (2) people provided oral comments during the public
meeting. The public comment period was then held open until October 24, 2019. The Legislative
Operating Committee received one (1) submission of written comments during the public
comment period. All public comments received were accepted, reviewed, and considered by the
Legislative Operating Committee on November 6, 2019. Any changes made based on those
comments have been incorporated into this draft.
Requested Action
Approve the Resolution: Amendments to the Child Support Law
Page 2 of 2
A good mind. A good heart. A strong fire.
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ONEIDA
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # _____________
Amendments to the Child Support Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Child Support law (‘the Law”) was adopted by the Oneida Business Committee through
resolution BC-06-24-09-B and amended by resolutions BC-02-24-10-G, BC-02-23-11-E,
BC-06-22-11-K, BC-10-10-12-C, BC-08-13-14-E, and
WHEREAS,
the purpose of the Law is to establish the legal responsibility of parents to provide
financially for their children’s general well-being; make support payments more equitable
by ensuring consistent treatment of persons in similar circumstances; make support
payments based on the real earning capability of parents; and improve the efficiency of
child support establishment and enforcement; and
WHEREAS,
the Legislative Operating Committee worked collaboratively with representatives from the
Oneida Child Support Agency, Oneida Family Court, Oneida Police Department, and
Oneida Law Office to develop the amendments to this Law; and
WHEREAS,
the amendments to the Law create a process to suspend or modify child support orders for
parents incarcerated for one hundred and eighty (180) days or more; and
WHEREAS,
the amendments to the Law update notice requirements and timelines for initiating an
action by the Agency, sending appointment letters for noncompliance, sending notice of
delinquency, sending notice of enforcement action, and sending income withholding
orders; and
WHEREAS,
the amendments to the Law clarify how the Family Court may redact addresses and
identifying information from court documents to ensure the safety of a party; and
WHEREAS,
the amendments to the Law make updates to how child support obligations are calculated
in certain special circumstances; and
WHEREAS,
the amendments to the Law update what constitutes a “substantial change in
circumstance” that warrants a modification of a child support order; and
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BC Resolution # _______
Amendments to the Child Support Law
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WHEREAS,
the amendments to the Law repeal Child Support Law Rule No. 1 - Deviation from Child
Support and Child Support Law Rule No. 2 - Enforcement Tools and move the contents of
the rules into the body of the law itself; and
WHEREAS,
the amendments to the Law make other minor drafting revisions; and
WHEREAS,
in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact
statement were completed for the amendments to the Law; and
WHEREAS,
a public meeting on the proposed amendments to this Law was held on October 17, 2019,
in accordance with the Legislative Procedures Act, and the public comment period was
held open until October 24, 2019; and
WHEREAS,
the Legislative Operating Committee accepted, reviewed, and considered the public
comments received on November 6, 2019; and
NOW THEREFORE BE IT RESOLVED, that the amendments to the Child Support law are hereby adopted
and shall be effective on January 22, 2020.
BE IT FINALLY RESOLVED, that Child Support Law Rule No. 1 - Deviation from Child Support and Child
Support Law Rule No. 2 - Enforcement Tools are hereby repealed effective January 22, 2019.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155‐0365
Oneida‐nsn.gov
Statement of Effect
Amendments to the Child Support Law
Summary
This resolution adopts amendments to the Child Support law.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: December 18, 2019
Analysis by the Legislative Reference Office
The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council through
resolution GTC-01-07-13-A for the purpose of providing a process for the adoption of laws of the
Nation. [1 O.C. 109.1-1]. This resolution adopts amendments to the Child Support law which
comply with all processes and procedures required by the LPA, including the development of a
legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting
and public comment period. [1 O.C. 109.6, 109.7, 109.8].
The Child Support law was adopted by the Oneida Business Committee for the purpose of
establishing the legal responsibility of parents to provide financially for their children’s general
well-being; making support payments more equitable by ensuring consistent treatment of persons
in similar circumstances; making support payments based on the real earning capability of parents;
and improving the efficiency of child support establishment and enforcement. [7 O.C. 704.1-1].
The amendments to the Child Support law will:
Create a process to suspend or modify child support orders for parents incarcerated for one
hundred and eighty (180) days or more [7 O.C. 704.11];
Update notice requirements and timelines for initiating an action by the Agency [7 O.C.
704.5-2], sending appointment letters for noncompliance [7 O.C. 704.12-2], sending notice
of delinquency [7 O.C. 704.13-3], sending notice of enforcement action [7 O.C. 704.134], and sending income withholding orders [7 O.C. 704.9-3(a)];
Clarify how the Family Court may redact addresses and identifying information from court
documents to ensure the safety of a party [7 O.C. 704.5-5(b)];
Make updates to how child support obligations are calculated in certain special
circumstances, such as:
updating the date when legal obligation for child support is incurred for a nonmarital child of a serial family obligor [7 O.C. 704.8-1];
updating how overnights and equivalent care are calculated for shared-placement
parents [7 O.C. 704.8-2];
updating the formula for calculating child support obligations of split-placement
parents [7 O.C. 704.8-3]; and
Update what constitutes a “substantial change in circumstance” that warrants a
modification of a child support order [7 O.C. 704.10-2(b)].
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Other additional minor changes are made to the draft to update the language and ensure compliance
with drafting style and formatting requirements.
The resolution also repeals Child Support Rule No. 1 - Deviation from Child Support and Rule
No. 2 - Enforcement Tools. The Law was amended to remove the prior reference that “any Agency
requirements which would affect individuals outside the Agency and do not relate to the internal
management of the Agency shall require Oneida Business Committee approval in the form of a
law or rule.” [7 O.C. 704.2-6 of Law adopted through BC-08-13-14-E]. Instead, the contents of
those rules have been incorporated directly into the body of the Law itself.
In accordance with the LPA, a public meeting on the proposed amendments to the Child Support
law was held on October 17, 2019. Two (2) individuals provided oral comments during the public
meeting. The public comment period was then held open until October 24, 2019. The Legislative
Operating Committee received one (1) submission of written comments during the public
comment period. All public comments received were accepted, reviewed, and considered by the
Legislative Operating Committee on November 6, 2019. Any changes made based on those
comments have been incorporated into this draft.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.
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They watch over the children
AMENDMENTS TO CHILD SUPPORT LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
REQUESTER:
Oneida Child
Support Agency
Intent of the
Amendments
Purpose
Affected Entities
Public Meeting
Fiscal Impact
SPONSOR:
David P. Jordan
DRAFTER:
Clorissa N. Santiago
ANALYST:
Brandon Wisneski
To create a process to suspend or modify child support orders for parents
incarcerated for one hundred and eighty (180) days or more;
To update notice requirements and timelines for initiating an action by the
Agency, sending letters of noncompliance, sending notice of delinquency,
sending notice of enforcement action, and sending income withholding orders;
To clarify how the Family Court may redact addresses and identifying
information from court documents to ensure safety of a party;
To make updates to how child support obligations are calculated in certain
special circumstances, such as:
o updating how overnights and equivalent care are calculated for sharedplacement parents;
o updating the formula for calculating child support obligations of splitplacement parents;
o updating the date when legal obligation for child support is incurred for a
non-marital child of a serial family obligor;
To update what constitutes a “substantial change in circumstance” that warrants
a modification of a child support order;
To repeal Child Support Rule #1 Deviation from Child Support and Rule #2
Enforcement Tools and move the contents of the rules into the body of the law
itself;
To make additional updates and clarify language throughout the law.
The purpose of this law is to establish the legal responsibility of parents to provide
financially for their children’s general well-being; make support payments more
equitable by ensuring consistent treatment of persons in similar circumstances;
make support payments based on the real earning capability of parents; and improve
efficiency of child support establishment and enforcement [7 O.C. 704.1-1].
Oneida Child Support Agency, Oneida Family Court, Oneida Court of Appeals,
Oneida license-issuing agencies such as Oneida Licensing and Oneida
Conservation, and any individuals with child support cases that fall under the
jurisdiction of the Oneida Family Court [7 O.C. 704.4].
A public meeting was held on October 17, 2019.
A fiscal impact statement was prepared by the Finance Dept. on December 6,
2019.
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What Is Child Support?
“When parents separate, they still have shared rights and responsibilities as to their children. The
most basic of these responsibilities is supporting their children so they have food, clothing, shelter
and health care. Child support is a payment made by one parent to another for the support of a child.
The amount of the payment is based on a percentage, determined by law, of the paying parent’s
income.” Source: Oneida Child Support Agency FAQ.
“Child support is the financial support paid by parents to support a child or children of whom they
do not have full custody. Child support can be entered into voluntarily, by court order or by an
administrative agency (the process depends on the state or tribe). The noncustodial parent or
obligor—the parent who does not have primary care, custody, or control of the child or children—
often has an obligation to the custodial parent or obligee—the parent who has primary care, custody
and control of the child or children.” Source: National Association of State Legislatures (NCSL).
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SECTION 2. LEGISLATIVE DEVELOPMENT
A. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 gave tribal
nations the authority to establish child support agencies. Wisconsin (WI) Statute 801.54 allows WI
circuit courts to transfer civil actions to tribal courts in matters where tribal nations have concurrent
jurisdiction, such as child support cases.
B. The Oneida Child Support Agency was established by the Oneida Business Committee on June 20,
2007. Oneida Nation’s application for a child support services grant was approved by the U.S.
Department of Health and Human Services on April 4, 2008.
C. The Oneida Nation’s Child Support law was first adopted by emergency amendment on June 30, 2008
and permanently adopted on June 24, 2009 by the Oneida Business Committee. It was most recently
amended on August 13, 2014.
D. At the end of 2008, the Oneida Child Support Agency had 482 cases. As of 2018, the Oneida Child
Support Agency now handles over 3,050 cases and has completed case transfers from Brown and
Outagamie counties.
E. On February 28, 2018, the Oneida Child Support Agency submitted a request to amend the Oneida
Child Support law. The LOC added the Child Support Law amendments to the Active Files List on
March 7, 2018. Since that time, the LOC has worked with Child Support Agency to review the law and
develop potential amendments.
SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of this law
and legislative analysis: Oneida Child Support Agency, Oneida Law Office, Oneida Police Department,
and Oneida Judiciary Family Court.
B. The following laws were reviewed in the drafting of this analysis: Administrative Rulemaking law;
Paternity law; Per Capita law; Oneida Judiciary Rules of Civil Procedure; Rules of Appellate
Procedure; Workers Compensation law; Garnishment law; Family Court law; Family Court Rules; Per
Capita law; Children’s Code; Divorce, Annulment and Legal Separation; Child Custody, Placement
and Visitation law. In addition, the following laws from other tribal nations and the state of Wisconsin
were reviewed:
Ho Chunk Nation - Child Support Code 4HCC7
Forest County Potawatomi - Child Support Law
Lac Du Flambeau - Child Support Law Ch 31
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Menominee Nation – Financial Support of Children Law
Stockbridge Munsee Child Support Law
White Earth Child Support Act
State of Wisconsin Child Support Administrative Enforcement – Chapters DCF 150 & 152.
C. In addition, the following documents or articles were reviewed in the drafting of this analysis:
Child Support Enforcement: Tribal Programs – Congressional Research Service Report. July
5, 2016.
Final Rule: Flexibility, Efficiency, and Modernization in Child Support Enforcement
Programs, Federal Register, Volume 81, Number 244. December 20, 2016.
Child Support Final Rule Fact Sheet: Flexibility, Efficiency and Modernization in Child
Support Enforcement Programs. Office of Child Support Enforcement, Administration for
Children and Families, Dept. of Health and Human Services. January 5, 2017. DCL-17-01.
SECTION 4. PROCESS
A. Thus far, amendments to this law have followed the process set forth in the Legislative Procedures Act
(LPA).
B. The law was added to the Active Files List on March 7, 2018.
C. A public meeting was held on October 17, 2019. The public comment period was held open until October
24, 2019.
C. At the time this legislative analysis was developed, a total of twenty-seven (27) work meetings were
held regarding the development of this law and legislative analysis, including twenty-one (21) work
meetings with the Oneida Child Support Agency:
April 5, 2018: Work meeting with Child Support.
April 18, 2018: Work meeting with LOC.
May 17, 2018: Work meeting with Child Support.
June 8, 2018: Work meeting with Child Support.
June 22, 2018: Work meeting with Child Support.
July 13, 2018: Work meeting with Child Support.
August 9, 2018: Work meeting with Child Support, Family Court and Oneida Police Department.
August 17, 2018: Work meeting with Child Support.
September 18, 2018: Work meeting with Child Support.
October 12, 2018: Work meeting with Child Support.
October 26, 2018: Work meeting with Child Support.
October 31, 2018: Work meeting with LOC and Child Support.
November 9, 2018: Work meeting with Child Support.
December 6, 2018: Work meeting with Child Support.
December 10, 2018: Work meeting with Child Support and Oneida Police Department.
December 19, 2018: Work meeting with LOC.
January 4, 2019: Work meeting with Child Support.
February 1, 2019: Work meeting with Child Support.
March 3, 2019: Work meeting with Child Support.
April 4, 2019: Work meeting with Child Support.
April 30, 2019: Work meeting with Child Support.
May 16, 2019: Work meeting with Child Support & Law Office.
July 17, 2019: Work meeting with LOC.
July 18, 2019: Work meeting with LOC.
July 25, 2019: Work meeting with LOC.
August 21, 2019: Work meeting with LOC and Child Support.
November 6, 2019: Work meeting with LOC.
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SECTION 5. CONTENTS OF THE LEGISLATION
The following provides a summary of the changes proposed in the amendments to the Child Support Law:
A. Moving Child Support Rules into the Law. The Child Support Law currently includes two (2) rules:
Rule #1 Deviation from Child Support and Rule #2 Enforcement Tools. Both rules became effective
June 24, 2009, prior the adoption of the Nation’s Administrative Rulemaking law [1 O.C. 106]. The
proposed amendments delete the rules and move the contents of both Rule #1 and Rule #2 into the body
of the law itself.
Rule #1 Deviation from Child Support. The information from Rule #1 Deviation from Child
Support, unless otherwise noted in this analysis, has been moved to the following sections:
o 704.7 Determining Child Support Obligation
o 704.8 Determining the Child Support Obligation in Special Circumstances
o 704.9 Child Support Order
Rule #2 Enforcement Tools. The information from Rule #2 Enforcement Tools, unless otherwise
noted in this analysis, has been moved to the following sections:
o 704.12 Compliance Plan
o 704.13 Enforcement of an Order
o 704.14 Alternative Payment Plans
o 704.15 Administrative Enforcement Action
o 704.16 Family Court Contempt Action
Deleted Examples. Rule #1 contained example calculations and scenarios to illustrate how to
determine child support in special circumstances. These examples have been deleted. Such
examples could be provided in a separate document or worksheet by the Agency.
B. Notice for Initiation of Action by Oneida Child Support Agency.
Requesting Services. When the Oneida Child Support Agency receives an application or referral
for services, the Agency is required to send notice to the non-custodial parent. The non-custodial
parent is the parent who does not hold primary care, custody or control of the child.
Current Notice Requirements. Within five (5) business days of receiving a referral or application,
the Agency is currently required to send two (2) letters to the non-custodial parent before initiating
a hearing in the Family Court. The purpose of the letters is to request information and attempt to
negotiate a stipulation, or voluntary agreement, between the parents. If the non-custodial parent
does not respond to the letters, then the Agency will initiate a hearing in the Family Court.
Changes to Notice Requirements. [7 O.C. 704.5-2].
o Meeting with Custodial Parent Prior to Sending Notice. The Agency will now be required
to meet with the custodial parent (the parent who has primary custody of the child) within
thirty (30) days of receiving a referral or application. Only after meeting with the custodial
parent will the Agency send the notice letter to the non-custodial parent.
Effect. This change reflects the Agency’s current practice. The Agency reports that
most child support cases begin as referrals from other agencies rather than an
application from the custodial parent. The Agency reports that meeting with the
custodial parent first ensures that the Agency has the information it needs before
contacting the non-custodial parent and/or initiating an action.
o Deadline for Agency to Send Letter. The Agency will now have seven (7) business days
rather than five (5) business days to send the Letter of Request for Support and Financial
Disclosure form to the non-custodial parent.
o Number of Letters. Rather than sending two (2) letters, the Agency is now only required to
send one (1) letter before initiating a hearing. This will allow for child support hearings to
be scheduled more quickly. Rather than waiting at least fifteen (15) days as the law
currently requires, the Agency can now request a hearing after ten (10) days.
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Chart 1. Current Notice Requirements – Initiating an Action by Child Support Agency.
Agency Receives
Application/
Referral
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Agency sends
letter to NCP
within 5
business days
NCP has 10
business days to
respond
If no response,
Agency sends
2nd letter
NCP has 5
business days to
respond
If no response,
Agency may
initiate Family
Court hearing
Chart 2. Proposed Notice Requirements – Initiating an Action by Child Support Agency.
Agency Receives
Application/
Referral
Agency meets
w/CP within 30
days
Agency sends
letter to NCP
within 7 days of
meeting with CP.
NCP has 10
business days to
respond
If no response,
Agency may
initiate Family
Court hearing
*CP = Custodial Parent. NCP = Non-Custodial Parent.
C. Requirements of the Petition. If the parents do not enter into a voluntary agreement, then a petition to
establish child support may be filed with the Family Court. Currently, the petition only requires the
name, date of birth and address of the petitioner and respondent and a separate form with the child’s
identifying information. These new amendments require more detailed information to be included on
the petition. This was added at the request of the Child Support Agency to reflect current petition forms
[7 O.C. 704.5-5(a)].
New Information Required on Petition: Name, date of birth, address and tribal affiliation of the
petitioner and respondent; with whom the child currently resides; when and how paternity was
established; information regarding other children of the parties and the child support obligation for
those children; information about any state or tribal benefits either party receives; whether any
other action to determine child support is pending or has been entered by another court; financial
information such as the parties’ income; the relief the petitioner is requesting; and a separate
confidential form that includes the child’s identifying information.
D. Nondisclosure of Information in Protected Cases. A new provision has been added giving the Family
Court judge authority to limit access to the child or party’s address or other identifying information [7
O.C. 704.5-5(b)(1)(B)].
Limiting Address or Identifying Information. The Family Court may limit disclosure if the health,
safety or liberty of a child or party would be unreasonably put at risk. This change was made to
address safety concerns for individuals who do not wish to have their address included in court
documents.
E. Child Support Hearings.
Factual Determinations at Hearings. Currently, factual determinations made at child support
hearings are limited to “the income and expense information necessary to determine the appropriate
level of support” in accordance with the law. These amendments remove this limitation. Now,
factual determinations at child support hearings shall include, “but not be limited to,” income and
expense information [7 O.C. 704.6-1].
o Effect. The Family Court may make factual determinations on issues other than income
and expenses during a Child Support hearing. This is an expansion of the Family Court’s
authority during these particular hearings.
Closed Hearings and Records for Child Support Cases. The current Child Support law already
states that Child Support Hearings in the Family Court are closed to anyone other than those
necessary to the action or proceeding. A new provision has been added stating that the records of
child support proceedings will also be kept confidential [7 O.C. 704.6-6].
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Confidential Case Records. Records may only be viewed by the parties, legal guardians,
the parties’ attorney or advocate, guardian ad litem, Judges and staff assigned to the case,
and those with written authorization from a party to view the material in the record.
o Existing Law. The Nation’s Rules of Civil Procedure already state: “At the request of any
party or on its own motion, the Court may seal any part of a case file, preventing public
disclosure. A file or part of a file may only be sealed where the safety of a party, witness
or other individual may be in jeopardy if the material is not placed under seal” [8 O.C.
803.32-2(b)(3)]. Now, rather than being optional, the court will automatically keep records
of child support cases confidential.
F. Authority of Family Court to Order Parent to Search for a Job or Participate in Job Training
Program. Typically, a child support order is based on a percentage of a parent’s income. When a
parent’s income is less than their earning capacity or unknown, the court may “impute,” or “estimate”
the parent’s earning capacity based on available evidence.
Order Parent to Search for Job or Participate in Job Training. For these cases, a new provision
has been added allowing the Family Court to order a parent to search for a job or participate in a
work experience or job training program [7 O.C. 704.7-4(b)].
Comparison to WI. This language is similar to updates made to Wisconsin (WI) regulations utilized
by county child support agencies. However, unlike WI, Oneida’s Family Court may order a job
search or job training program “in addition to” imputed income, rather than as “an alternative” to.
G. Formula for Determining Child Support Obligations When the Child Receives Social Security
Benefits. The Nation’s current Child Support law includes a provision to account for a child’s social
security benefits when calculating a parent’s child support obligation.
Updates to Formula. These amendments add a new formula to specifically address sharedplacement parents whose child receives social security benefits. The intent of this new formula is
to ensure that Child Support orders accurately take this income into account in these unique cases
[7 O.C. 704.7-6(a)].
Comparison to WI. This updated formula mirrors recent updates to Wisconsin regulations.
H. Claiming Children for Tax Purposes. A provision from Child Support Rule #1 regarding the
“dependency exemption” for federal tax purposes [1.3-7] is deleted. The dependency exemption was
eliminated by Congress as a result of the Tax Cuts and Jobs Act of 2017, also known as the “tax reform
bill.” In its place, these amendments add a new provision regarding claiming children for tax purposes
[7 O.C. 704.7-7].
New provision. This new provision gives the Family Court authority to address who may claim a
child for tax purposes. It also gives the Family Court authority to accept a stipulation entered into
by the parties regarding children and taxes. This change was recommended by the Family Court
and Child Support Agency Attorney.
I. Determining Child Support for Serial Family Obligor. When one parent has multiple children in
separate families, that parent is known as a “serial family obligor.” In these cases, the court must
determine the order of the parent’s child support obligations, because the order determines how much
support is owed for each child.
New Date for Non-Marital Children. For a non-marital child, the legal obligation for child support
will now be incurred on the date that paternity was legally established rather than the date that the
child support order is entered [7 O.C. 704.8-1(b)(2)]. This change was recommended by the
Agency to reflect their current practice and mirror Wisconsin regulations.
J. Determining Child Support for Shared-Placement Parents.
Changes to Overnights and Equivalent Care. At the recommendation of the Agency, changes have
been made to how overnights and periods of equivalent care calculated. These changes now give
more consideration to periods of time a parent cares for the child that is not technically an overnight,
but where the court determines that a parent is still assuming basic support costs that are equivalent
o
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to what a parent would spend to care for that child overnight. These changes are consistent with
updates to Wisconsin regulations [7 O.C. 704.3-1(o) and 704.8-2(a)(1)].
o Effect. The number of overnights and periods of equivalent care are important in
determining the percentage of time each parent is caring for the child. That information is
one of the factors used by the Court to determine the amount of child support ordered for
shared placement parents.
Change in Variable Costs. A new provision has been added that states that a change in the child’s
variable costs will not, in and of itself, be considered a “substantial change in circumstances” to
justify a modification of a child support order. These changes are consistent with updates to
Wisconsin regulations [7 O.C. 704.8-2(b)(7)].
o What are Variable Costs? “Variable costs” are the reasonable costs above basic support
costs incurred by or on behalf of a child, such as the cost of child care, tuition, special needs
or other activities [7 O.C. 704.3(mm)].
o Effect. In other words, a change to a child’s variable costs (such as child care) will not, by
itself, justify modifying the amount of a child support order. Ultimately, the decision as to
whether a change in circumstances justify modification of an order will be up to the Family
Court.
K. Determining Child Support Obligations of Split-Placement Parents. The formula for calculating child
support obligation for a split-placement parent has been clarified. The split-placement formula may be
applied when parents have two (2) or more children and each parent has placement of at least one, but
not all, of the children.
Change to Formula. The Agency reported that the wording of the formula in the current rule [1.43] is unclear, resulting in different interpretations of how to calculate support in these cases. These
changes were recommended by the Agency to clarify the formula so that support is calculated
correctly and uniformly. [7 O.C. 704.8-3(b)].
L. Expression of Ordered Support. The Child Support amount must be expressed as a fixed sum. This
means that the child support order must include the specific dollar amount the parent is required to pay.
[7 O.C. 704.9-1].
Option to Agree to Percentage Deleted. Previously, parents had the option to agree to a percentage
of the obligor’s income instead of a specific dollar amount if both parties agreed through a
stipulation. This option has been deleted. Oneida Child Support Agency reports that ordering a
specific dollar amount is the standard practice for child support orders.
Modifying an Order. If the fixed sum in the child support order needs to be modified due to a
change in circumstances (for example, a change in income), the parties may request to modify the
child support order in accordance with the process included in this law [7 O.C. 704.10].
M. How to Send Income-Withholding Orders. After an order to withhold income has been issued, the
Child Support Agency is required to send a copy of the order to the obligor’s payor (typically their
employer) within three (3) business days. This notifies the payor to start withholding a portion of the
obligor’s income for child support.
Method for Sending Orders. Previously, the law stated the order could be sent “by any business
method acceptable to the payor” and that the order is binding upon notice through service by
personal delivery or certified mail. Now the order can be sent “by mail, fax or electronic means.”
[7 O.C. 704.9-3(a)].
Comparison to Other Agencies. Agencies in the state of Wisconsin send income withholding
notices by mail, fax or through the Electronic Income Withholding system known as “e-IWO.”
N. Non-Cash Payment Options. The current law states that non-cash payment options may be used to
satisfy part or all of a child support order if both parties and the Family Court agree to allow non-cash
payments. Examples of non-cash payments include clothing, groceries, child care, deer/venison, wood,
transportation and skilled trades and services. The list of non-cash options has been updated to add “gift
cards” at the recommendation of the Child Support Agency [7 O.C. 704.9-9(b)].
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Comparison. The Agency reports that tribal nations, such as Oneida, have the option to issue noncash support orders while county agencies in Wisconsin cannot.
O. Modification of Child Support Order. The language in this section has been clarified at the request of
the Agency to clearly state when and how a modification of a child support order may occur. There are
two ways that a Child Support order may be modified: [7 O.C. 704.10-2].
Modification Sought by Agency. Every two (2) years, the Oneida Child Support Agency will
conduct a review of each child support order. If there is a substantial change in circumstances, the
Agency will request an order from the Family Court to modify the child support order.
o Comparison to WI. WI Child Support agencies review child support orders every 33
months. Oneida Child Support Agency reviews more often in an effort to ensure accurate
child support orders.
Modification Sought by Parties. In addition to the two-year reviews automatically conducted by
the Agency, either parent may file a motion for modification of a child support order at any time if
there has been a substantial change in circumstances.
P. Substantial Change in Circumstance. In order to modify a child support order, there must be a
“substantial change in circumstance.” The law includes several examples of what qualifies as a
substantial change of circumstance, including a “significant change in finances” [7 O.C. 704.10-2].
Change to “Significant Change in Finances.”
o Current Definition. The current law states that “a significant change in finances” that
would lead to a change in child support is “more than fifteen percent (15%) or fifty dollars
($50.00) per month.”
o Proposed Definition. In the amendments, this has been changed to “more than fifteen
percent (15%) and fifty dollars ($50.00) per month.” [704.10-2(b) and 704.3-1(oo)].
Effect. This change sets a higher threshold to modify a child support order. This means that small
changes in finances that do not meet both thresholds will not justify changing a child support order.
This change was requested by the Oneida Child Support Agency.
Q. Modification of Child Support for Incarcerated Parent. A new section regarding incarcerated parents
has been added to the law. This new provision allows for the temporary suspension or modification of
a child support order for an incarcerated parent who has been sentenced to at least one hundred and
eighty (180) days in jail or prison. In other words, the incarcerated parent will not be required to make
child support payments (or may make smaller child support payments) while they are serving time in
jail or prison [7 O.C. 704.11].
Who Qualifies for Modification of Child Support Order? An obligor who has been sentenced to
180 days or more in jail or prison. The obligor must notify the Agency of his or her incarceration.
The obligor’s income level while incarcerated will determine whether the order is suspended or
modified [7 O.C. 704.11-1]:
o Temporary Suspension: If the obligor has an income of less than $200 dollars per month,
the Child Support order may be temporarily suspended.
o Temporary Modification: If the obligor has an income of $200 per month or more, the
Child Support order may be temporarily modified based on the obligor’s income.
Example: An obligor who continues to receive large per capita payments while
incarcerated or who participates in a work release program.
o Exceptions. Child Support orders will not be suspended for individuals incarcerated for the
following crimes, regardless of the length of sentence or monthly income:
Felony failure to pay support;
Crime against a child; or
Crime against the obligee (i.e., the other parent).
o Past Due Arrears. Past due child support debt or arrears will not be suspended or reduced
without stipulation (agreement) by both parties. In other words, incarceration does not wipe
out any previous child support debt incurred before being sentenced to jail or prison.
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Why Modify Child Support Orders for Incarcerated Parents?
Incarcerated parents have little or no ability to earn income during their sentence. This results in
accumulation of high levels of child support debt. The Office of Child Support Enforcement
(OFCSE) reports that incarcerated parents leave prison with an average of $20,000 or more in
unpaid child support with no means to pay upon release. “This accumulated child support debt
is rarely paid.”
The goal of child support is to increase consistent child support payments for children by setting
realistic orders based on the parent’s ability to pay. OFCSE reports that “setting and modifying
realistic child support obligations for incarcerated parents can improve their ability to provide
consistent support for their children upon release from prison… Formerly incarcerated parents
will be more likely to meet their child support obligations, benefitting their children by
improving child support compliance and reliability.”
In addition, setting realistic child support orders may also reduce “underground employment
activity” and increase contact between children and their parents. According to the Office of
Child Support Enforcement, “children do not benefit when their parents engage in a cycle of
nonpayment, underground income generation, and re-incarceration.”
On December 20, 2016, the OFCSE issued federal rule AT-16-06, “Flexibility, Efficiency, and
Modernization in Child Support Enforcement Actions,” which created a standard process for the
suspension or modification of child support orders for incarcerated parents. Since then, child
support agencies and courts nationwide have implemented this rule.
The Oneida Family Court already modifies child support orders for incarcerated parents. The
Oneida Child Support Agency supports incorporating this process into Oneida Nation’s Child
Support Law. The intent of adding a standard process to the Nation’s Child Support law is to
ensure that all incarcerated parents and impacted parties are treated uniformly.
Source: Final Rule Fact Sheets: Flexibility, Efficiency and Modernization in Child Support
Enforcement Programs. Office of Child Support Enforcement, Administration for Children and
Families, U.S. Dept. of Health and Human Services. January 5, 2017. DCL-17-01.
https://www.acf.hhs.gov/sites/default/files/programs/css/fem_final_rule_incarceration.pdf
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What is the Process to Suspend or Modify the Order? The Agency will use the following process
to suspend or modify child support orders for incarcerated obligors:
o Notice to Both Parties. Within fifteen (15) business days of receiving verification of the
obligor’s incarceration, the Agency will send notice to both parties informing them of the
obligor’s right to have his or her child support obligation reviewed, and the Agency’s intent
to review the order [7 O.C. 704.11-2].
o Agency Review. The agency will review the incarcerated obligor’s child support order and
determine whether the obligor’s monthly income is less than or greater than $200 per
month while incarcerated [7 O.C. 704.11-3].
o Suspension of Order by Agency. If the obligor is sentenced to 180 days or greater with an
income of less than $200 per month, the Agency will file a motion and order to suspend
with the Family Court without a request for a hearing [7 O.C. 704.11-4].
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o
Notice & Right to Object. Notice shall be sent to all parties. Either party may file
written objection with the Family Court within ten (10) business days. If no
objection is received, the Family Court will enter the order as proposed. If an
objection is received, the Family Court will hold a hearing on the issue.
Modification of Order by Agency. If the obligor is sentenced to 180 days or greater with an
income of $200 per month or more, the Agency will file a motion with the Family Court
to modify the child support order [7 O.C. 704.11-5].
Notice & Right to Object. The Family Court will schedule a hearing and the
Agency will provide notice to all parties at least ten (10) business days prior to the
hearing.
Chart 3. Modifying or Suspending Child Support Order for Incarcerated Parent
Agency notified
obligor sentenced to
180 days or more
incarceration
Agency sends
notification of
review to both
parties within 15
business days
Agency reviews
obligor’s child
support order
If no objection
received, Family
Court enters
suspension.
Obligor’s income
while incarcerated
is less than $200 per
month
Agency seeks temporary
suspension of child
support order while
incarcerated (no hearing)
Agency notifies both
parties
Either party has right
to object within 10
business days
If either party
objects, Family
Court schedules
hearing on the issue
Obligor’s income
while incarcerated is
$200 per month or
more
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Agency seeks temporary
modification of child
support order while
incarcerated
(hearing scheduled)
Agency notifies both
parties at least 10
days prior to hearing
How is the Original Child Support Order Reinstated after the Incarcerated Parent is Released?
Sixty (60) days after the obligor is released from jail or prison, the original child support order prior
to the individual’s incarceration will be reinstated by the Agency. [7 O.C. 704.11-8].
What Happens if the Obligor’s Probation or Extended Supervision is Revoked? If the obligor is
released from incarceration and is later sentenced to another one hundred and eighty (180) days or
more in jail or prison, the Agency will use the provisions of this section to determine if another
suspension or modification of the child support order is appropriate [7 O.C. 704.11-9].
R. Compliance Plans. At any point when the Agency believes an obligor is or may become non-compliant
with their child support payments, the Agency can work with the obligor to develop a compliance plan.
Purpose of Compliance Plan. The purpose of a compliance plan is to address barriers to making
regular payments so that a parent can once again make regular payments and meet their child
support obligations [7 O.C. 704.12].
Components of Compliance Plan. A compliance plan may include requirements to participate in
employment and training programs, social service and mental health services, physical and learning
disability programs, tribal traditions and customs, and family counseling. The agency may suspend
enforcement actions if the party successfully completes the compliance plan. Failure to complete
the compliance plan will result in enforcement action [7 O.C. 704.12-2(c)].
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New Components. These amendments add parenting programs and “any other programs
deemed necessary” to the list of acceptable programs that can be included in a compliance
plan. The intent is to increase flexibility for the Oneida Child Support Agency to address
unique needs of each obligor.
Changes to Timelines and Notice Letters. The following changes have been made to more
accurately reflect the Child Support Agency’s practices regarding notices and timelines for
initiating compliance plans [7 O.C. 704.12].
o
Chart 4. Notice and Timelines for Compliance Plans.
Current Law
When is first letter sent?
Within five (5) days of
learning of the obligor’s
failure to pay.
How many days to
respond to first letter?
Agency required to send a
2nd letter?
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Five (5) days.
Proposed Amendments
At any time deemed
appropriate, but at least thirty
(30) days prior to initiating
any enforcement action.
Five (5) days.
Yes, agency must send a 2nd
letter regarding the
compliance plan.
No, agency not required to
send a 2nd letter regarding the
compliance plan.
S. Notice of Delinquency and Notice of Enforcement. When an obligor fails to make their ordered child
support payments, the Agency is required to send notices to the obligor informing them that they are
delinquent. The Oneida Child Support Agency uses a state software system known as “KIDS” to
monitor child support payments and arrears. This system allows the Agency to track and send notices
to delinquent obligors. The Agency suggested the following changes to the notices to more accurately
reflect their practices and ensure compliance:
Notice of Delinquency: The Agency will send this notice to an obligor in the event that the obligor
owes a debt equal to or exceeding the monthly amount. In other words, if the obligor is a month
behind on their payments. This notice will include the total amount of the delinquency and the
enforcement action that may be taken if they do not pay [7 O.C. 704.13-3].
Notice of Enforcement Action. The Agency will send this notice after the “Notice of Delinquency”
and at least twenty (20) days prior to an enforcement action being used against an obligor. This
notice is more detailed, and will include the total amount of the delinquency, the enforcement action
that may be taken, notice that the obligor may request to negotiate an alternative payment plan
within ten (10) business days in order to stay an enforcement action, and notice that the obligor has
ten (10) business days to file an objection [7 O.C. 704.13-4].
Use of Mail for Notices. The Agency is required to send notices to the last known-mailing address
provided by the obligor. If notice to that address is returned undeliverable, the Agency must send
notice to the current employer’s mailing address provided by the obligor. If that notice is also
returned, the Agency is then required to use all resources available to identify the obligor’s current
mailing address before they can proceed with an enforcement action [7 O.C. 704.13-5].
o Time frame. Currently, Agency must spend at least sixty (60) days attempting to identify
an obligor’s current mailing address before they can proceed with an enforcement action
[2.4-3 in Rule #2]. These amendments shorten this timeframe to thirty (30) days. This
means that the Agency will be able to use enforcement actions more quickly in cases where
the obligor’s address cannot be determined.
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Chart 5. Notice of Delinquency & Notice of Enforcement Prior to Enforcement Action.
Obligor owes debt
equal to or
exceeding monthly
support amount
Agency sends
Notice of
Delinquency
Obligor still
delinquent
Agency sends
Notice of
Enforcement
Action at least 20
days prior to using
enforcement action
Obligor fails to
respond
Agency may use
enforcement action
in accordance with
7 O.C. 704.15
Obligor responds
Obligor negotiates
alternative
payment plan or
files an objection
Obligor has 10 business
days to negotiate
alternative payment plan
or file an objection
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T. Alternative Payment Plans.
Obligors with Cases in Multiple Jurisdictions. A provision in the law regarding obligors that
negotiate alternative payment plans in other jurisdictions (i.e., other County or Tribal child support
agencies) has been deleted. This provision informs the reader of requirements of other agencies.
The Law Office advises that this is unnecessary within the law and can be incorporated into the
Child Support Agency’s internal processes [2.9-10 in Rule #2].
Amount of Payment Required to Suspend Enforcement Action. Currently, the law states that if an
obligor makes a “full” arrears payment, an administrative enforcement action will be suspended.
This has been changed to “an arrears payment agreeable to the Agency.” The Agency does not
require a “full” arrears payment, as this may be tens of thousands of dollars. The Agency may
suspend enforcement action in cases where partial payments are made and may work with obligors
in arrears to establish alternative payment plans [7 O.C. 704.14-6(a)].
U. Administrative Enforcement Actions. The current Child Support law already contains enforcement
actions the Agency has the authority to use if the obligor is at least one (1) month delinquent in paying
his or her child support obligations. These current enforcement actions are listed below, with any
changes noted: [7 O.C. 704.15].
Liens. The Agency will place the obligor on the lien docket if the obligor owes a debt equal to or
exceeding the monthly amount due or five hundred ($500) dollars, whichever is greater [7 O.C.
704.15-2].
Seizure of Property. The Agency has the authority to seizure property, including accounts and
personal property. The Agency may initiate account seizure if the lien amount in the obligor’s case
equal or exceeds 300% of the monthly amount due or one thousand dollars ($1000), whichever is
greater. The Agency may initiate seizure of personal property if the lien amount equals or exceeds
600% of the monthly amount due [7 O.C. 704.15-3].
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Attachment of Per Capita Payments. The Agency may initiate the attachment or seizure of per
capita payments of members of the Nation in accordance with the Nation’s Per Capita law [7 O.C.
704.15-4].
License Suspension. The Agency may initiate the suspension or denial of both state and Oneida
issued licenses if there is a lien against an obligor that equals or exceeds 300% of the monthly
amount due or one thousand dollars ($1000), whichever is greater [7 O.C. 704.15-5].
o Types of licenses: The types of licenses that the Agency may initiate suspension or denial
of include, but are not limited to, vendor, professional, occupational, hunting, fishing,
recreational and/or motor vehicle licenses.
o Change to License Suspension as Last Resort: A provision stating that “suspension of an
occupational and/or motor vehicle license shall be pursued only as a last resort” has been
deleted [2-7(2)(a) in Rule #2]. This will give the Agency the ability to pursue license
suspension more readily.
Lump-Sum Pension Payments, Judgments and Settlement Intercepts. Once an obligor has been
placed on the lien docket, the Agency may initiate the intercept of lump-sum pension payments,
judgments and/or settlements [7 O.C. 704.15-6].
Tax and Lottery Intercepts. The Agency may coordinate with federal or state agencies to enforce a
child support order through tax or lottery intercept [7 O.C. 704.15-7].
Passport Denial. If a federal tax intercept is in place and the obligor owes $2500 or more in arrears,
an obligor may be denied a passport [7 O.C. 704.15-8].
o Change to Threshold. The threshold for denying a passport has been lowered from $5,000
to $2,500 to be consistent with recent changes to this threshold by the federal government.
This allows this enforcement tool to be used more readily.
Denial of State Issued Grants and Loans.
o Deleted Provision. A provision stating that Wisconsin state agencies may deny state-issued
grants and loans has been deleted. The Law Office recommended deleting this item as it
was unnecessary, as it is informing the reader of what the State of Wisconsin, not Oneida
Nation, may do [2.5-6 in Rule #2].
V. Contempt. In addition to the administrative actions listed above, the current child Support Law also
gives the Family Court authority to order certain enforcement actions. An obligor who disobeys a lawful
child support order will be subject to punishment for contempt of court. A definition for “contempt”
has been added, which means “a willful disregard of the authority of the court or disobedience to its
lawful orders” [7 O.C. 704.3-1(j)]. The following enforcement actions already appear in the current
law but have now been moved under the “Contempt” section. The intent is to clarify that the obligor
must first be found in contempt by the Family Court before the court can proceed with the following
enforcement actions:
Community Service. The Family Court may order an obligor to perform community service [7 O.C.
704.16-2(a)].
Fines. An obligor found in contempt of court may be fined no more than $1,000 per act of contempt,
not to exceed $5,000 in total [7 O.C. 704.16-2(b)].
Incarceration. The Family Court may order an obligor to be incarcerated. Before a jail sentence is
imposed, the Family Court may provide other conditions that require a certain amount of money
be paid or action be taken for an obligor to avoid incarceration [7 O.C. 704.16-2(c)].
o Current Practice. The current law allows for the Family Court to order an obligor to be
incarcerated. However, in practice, the Family Court has never sentenced an obligor to jail
because the Oneida Nation has no jail and does not have agreements in place with other
jails to house individuals sentenced under this law. For more information see Section 9
“Other Considerations.”
Criminal Non-Support. A criminal non-support action may be initiated, in the appropriate county,
against an obligor who has the ability to pay child support and willfully or intentionally failed to
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pay. The Agency reports that criminal non-support is rarely used in Brown and Outagamie counties
[7 O.C. 704.16-2(d)].
Bonds and Other Guarantees. The Family Court may order an obligor to provide a bond or
guarantee if income withholding is not applicable or practical [7 O.C. 704.16-2(e)].
Claims Against Estates. The Family Court may approve a claim for past and future support against
an obligor’s estate or issue a restraining order against an estate that an obligor is set to inherit [7
O.C. 704.16-2(f)].
W. Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the law
for clarity.
SECTION 6. RELATED LEGISLATION
A. References to Other Laws. The following laws of the Nation are referenced in the Child Support law.
These amendments do not conflict with any of the referenced laws.
Per Capita law. The Child Support Agency may initiate the attachment or/seizure of per capita
payments of members of the Nation in accordance with the Per Capita law [7 O.C. 704.15-4].
Oneida Judiciary Rules of Civil Procedure. The Family Court may utilize discovery procedures
and contempt powers as authorized by any law, policy, or rule of the Nation to obtain information
relevant to the establishment or enforcement of child support [7 O.C. 704.6-2].
Rules of Appellate Procedure. A party may appeal a Family Court decision, other than the decision
of the Family Court in regard to administrative enforcement action, to the Nation’s Court of
Appeals within thirty (30) calendar days after the date the Family Court made the decision. The
review of the Court of Appeals shall be based on the record and original decision of the Family
Court [7 O.C. 704.18].
B. Other Laws that Reference Child Support. The following laws of the Nation reference child support.
These amendments do not conflict with any of the referenced laws, except for one potential discrepancy
in the Family Court law.
Family Court law. The Family Court law states that proceedings of the Court shall be closed to the
public, except that divorce, child support and post-divorce matters may be attended by members of
the general public. However, in any case where the presiding Judge determines that there are safety
or confidentiality concerns, the Judge may exclude from the proceedings all individuals not
necessarily present as parties of witnesses [8 O.C. 806.4-3].
o Comparison to Child Support law. The Family Court law states that child support matters
may be attended by members of the general public, unless the presiding judge determines
that there are safety or confidentiality concerns. However, the current Child Support law
(and the proposed amendments) state that Child Support proceedings shall be closed to any
person other than those necessary to the action or proceeding [7 O.C. 704.6-5 in current
Child Support law]. The Family Court law was adopted by the OBC on May 8th, 2013,
while the current Child Support law was adopted more recently, on August 13, 2014.
o Current Practice. The Family Court reports that child support hearings are currently closed
in accordance with the Child Support law.
o Conclusion: In reviewing amendments to this law, the LOC has expressed that they wish
to protect the privacy of matters involving children. Given the inconsistent language
between the two laws, the LOC may wish to amend the Family Court law to match the
hearing provisions in the Child Support law and the Family Court’s current practice. Since
the Family Court law is not currently on the LOC’s Active Files List, the LOC could direct
the Legislative Reference Office to make note of this discrepancy the next time the Family
Court law comes up for amendments.
Family Court Rules.
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Family Court Rule #5 – Paternity Procedure. If genetic testing results establish an alleged
father as the biological father, the Family Court may address the issue of Child Support at
a final paternity hearing [8 O.C. 807].
o Family Court Rule #12 – Foreign Child Support orders. Requests, motions or petitions
seeking recognition and enforcement of a foreign child support order is governed by this
rule when filed under the Nation’s Child Support Law or Garnishment law. The rule
outlines the process for sending notice of the filing, filing objections, requesting a hearing,
and authenticating the foreign order [8 O.C. 807].
Workers Compensation Law. Workers compensation awards are subject to child support income
withholding and other remedies available for the support of a child support order. The maximum
amount that may be withheld is one-half of the compensation award. [2 O.C 203.7-4].
Garnishment Law.
o Garnishment Amount. In calculating the amount of the garnishment per pay period, the
judge may not include amounts garnished pursuant to child support orders when calculating
twenty (20%) of the debtor’s disposable earnings [2 O.C. 205.5-6(c)(1) and 205.6-4(a)(2)].
o Recognition and Enforcement of Child Support Orders. The Judiciary shall recognize and
enforce child support orders against any employee, provided that the order has been issued
from a court of competent jurisdiction. [2 O.C. 204.7].
Paternity Law. The Paternity law outlines the process to establish paternity of Oneida children and
other children in order to protect the best interest of these children. The duties and responsibilities
of the Child Support Agency in the establishment of paternity through order of the Oneida Family
Court are outlined in the Paternity law. The Child Support Agency, when required by federal law,
may file a petition requesting the court to establish paternity or other related orders. The Child
Support Agency may also assist a party who is filing a petition to establish the paternity of a child
[see 7 O.C. 703.6].
o Commencing a Custody Proceeding. A child custody proceeding is commenced by a parent
by filing a petition to: (a) seek custody of a child, (b) establish the paternity of a child; (c)
establish a child support order…” [see 7 O.C. 705.6-1]
o Peacemaking and Mediation. Child support shall not be considered during mediation
unless child support is directly related to the legal custody or physical placement of the
child and the parties agree, in writing, to consider child support. [see 7 O.C. 705.7-3(b)].
Per Capita Law. Per capita payments may be attached for child support arrears ordered by a court
of competent jurisdiction, such as the Oneida Family Court. The Per Capita law includes a process
for how child support attachments are handled by the Agency and Trust Enrollment Department.
[1 O.C. 123.4-9(a)(1) and 1 O.C. 123.4-9(c)].
Children’s Code. At the time this analysis was drafted, the Nation’s Children’s Code was not
scheduled to become effective until October 1, 2019.
o Indian Child Welfare Department Duties. One of the duties of the Indian Child Welfare
Department is to enter into memorandums of understanding and/or agreements with
appropriate departments, including the Oneida Child Support Agency, in order to carry out
the provisions of the Children’s Code. [7 O.C. 708.7-2(e)].
o Referrals to Oneida Child Support. The Family Court or Indian Child Welfare Department
may refer matters to the Oneida Child Support Agency at any time. [7 O.C. 708.13-3 &
13-4].
o Indian Child Welfare Disposition Report. If the ICW Department recommends out-ofhome placement, the ICW Department must include in its disposition report a
recommendation as to whether the Family Court should establish child support obligation
for the parents. [7 O.C. 708.21-2(b)].
o Termination of Parental Rights. The Family Court may dismiss a petition if it finds the
evidence does not warrant the termination of parental rights or if the Court finds that a
o
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parent is attempting to voluntarily terminate their parental rights for the sole purpose of
avoiding a child support obligation. [7 O.C. 708.40-2(a)].
Divorce, Annulment and Legal Separation.
o Petitions. Petitions for divorce, annulment or legal separation must state whether the parties
have entered into any written agreement as to child support, and if so, the written agreement
must be attached [7 O.C. 702.5-1(g)].
o Legal Separation and Divorce. After an action for an annulment, legal separation or
divorce is initiated, the Family Court shall make any necessary temporary order concerning
child support. Final orders concerning child support shall be made at the time the
annulment, legal separation or divorce is granted. [7 O.C. 702.8-4].
Child Custody, Placement and Visitation.
o Commencement of Proceeding. A child custody proceeding may be commenced under the
Child Custody, Placement and Visitation play by a parent filing a petition to seek custody
of a child, establish the paternity of a child, or establish a child support order. [7 O.C.
705.6-1].
o Mediation. If parties agree to mediation under the Child Custody, Placement and Visitation
law, child support shall not be considered during mediation unless child support is directly
related to legal custody or physical placement of the child and the parties agree, in writing,
to consider child support. [7 O.C. 705.7-3(b)].
SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS
A. New Rights and Privileges for Incarcerated Parents. Parents sentenced to incarceration for greater
than one hundred and eighty (180) days will now have the right to have their child support orders
modified or suspended under certain circumstances. Parties have the right to object to modification or
suspension of an order and request a hearing on the matter [7 O.C. 704.11].
SECTION 8. ENFORCEMENT AND ACCOUNTABILITY
A. Enforcement Tools. Under the current Child Support law, the Oneida Child Support Agency and
Oneida Family Court have a number of administrative and judicial enforcement tools to enforce child
support orders. These include:
Administrative (Agency) Enforcement Tools: Liens, Seizure of Property including account seizure
and personal property, attachment of per capita payments, license suspension, pension, judgment
and settlement intercepts, tax and lottery intercepts and passport denial [7 O.C. 704.15].
Judicial Enforcement Tools: Bonds and other guarantees, claims against estates, contempt,
community service, incarceration and criminal non-support [7 O.C. 704.16].
SECTION 9. OTHER CONSIDERATIONS
A. Child Support Collection Rates by Agency. The following provides examples of collection rates for
country and tribal child support agencies as of July 2018:
Chart 6. Child Support Collection Rates by Agency:
County or Tribal
Court Cases with
Court Cases with
Agency
Current Support
Current Support
Ordered
Payments
Oneida Nation
937
471
Lac du
256
78
Flambeau
Menominee
493
229
Nation
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Collection Rate
50.27%
30.47%
46.45%
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675
Ashland County 622
375
Brown County
6169
4545
Calumet County 1019
828
Ho Chunk
145
130
Nation
Source: Oneida Child Support Agency, August 2018.
60.29%
73.67%
81.26%
89.66%
B. Repeal of Child Support Rules No. 1 and 2. Child Support Law Rule No. 1 – Deviation from Child
Support and Child Support Law Rule No. 2 – Enforcement Tools have now been incorporated into the
body of the law itself. Therefore, the two rules will be repealed upon adoption of these amendments as
they will become redundant.
Conclusion: The repeal of the Child Support Law Rules No. 1 and No. 2 is included in the adopting
resolution for these amendments.
C. Paternity Law. During the development of these amendments, the Oneida Child Support Agency noted
that updates to the Nation’s Paternity law may be needed. The establishment of paternity is an important
step in setting child support orders. The Nation’s Paternity law was last amended by the Oneida
Business Committee in 2014.
Recommendation: If the Oneida Child Support Agency wishes to request amendments to the
Paternity law, it is recommended that the agency submit an Active Files Request to the LOC.
D. Potential Enforcement Tools Considered and Not Added. During the development of these
amendments, the LOC and Child Support Agency researched potential new enforcement tools to
increase collection of child support orders. After reviewing the research and feedback from
departments, the LOC decided not to move forward with adding these new tools to the law. The
potential enforcement tools considered included:
Immobilization of Vehicles. Authorizing the Family Court or Child Support Agency to direct
Oneida Police Department to place a “boot” or “wheel lock” on an obligor’s vehicle to immobilize
it. The obligor would then have to contact the Agency to make a payment or negotiate a plan to
have the “boot” removed.
“Pocket Pulls.” Ordering an obligor to empty his or her pockets while in Oneida Nation’s court.
“Till Taps.” Seizing money from an obligor’s business if it is located on the Reservation.
E. Incarceration. The current Child Support law already allows the Family Court to sentence parents who
are delinquent in their child support payments to jail time. However, this authority has never been used
by the Family Court. This is because, unlike Wisconsin counties or other tribal nations, the Oneida
Nation does not have any jail facilities. The Agency reports that delinquent obligors with cases in the
Oneida Child Support system are aware that, unlike other courts, Oneida Nation’s Family Court cannot
send them to jail for failing to pay their child support.
Incarceration as a Tool to Encourage Compliance. While the goal of the Child Support Agency is
not to send anyone to jail, the threat of jail time may motivate obligors to make payments in the
most egregious of cases. For example, cases where a parent is known to be earning money on a
cash basis and all previous attempts to compel payments or negotiate an agreement have failed. In
these cases, delinquent obligors could be ordered to make a partial payment or meet with the Child
Support Agency to develop an alternative payment plan or else be sentenced to jail [7 O.C. 704.162(c)].
Agreement for Housing Inmates: The Family Court reports that it will not sentence individuals to
jail without an agreement in place with another jail to house our inmates. Therefore, in order for
the Family Court to use incarceration as an enforcement tool, agreements must be developed
between the Nation and Brown and/or Outagamie counties to utilize their jail facilities. The Agency
is aware of examples of other Wisconsin tribes establishing similar agreements with other counties.
The Oneida Business Committee previously established a workgroup including Intergovernmental
Affairs and the Law Office to explore potential agreements with Brown and Outagamie counties.
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Conclusion: The current Child Support law already authorizes the Family Court to use incarceration
as an enforcement tool in Child Support cases. However, this feature of the law cannot be used
unless an agreement is developed between the Nation and Brown and/or Outagamie County to
utilize their jail facilities. Whether to pursue such an agreement is policy decision for the the Oneida
Business Committee.
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Title 7. Children, Elders and Family - Chapter 704
CHILD SUPPORT
shakoti>nuk&=lale> latiksash&ha>
They watch over the children
CHILD SUPPORT
704.1. Purpose and Policy
704.2. Adoption, Amendment, Repeal, Other Laws and Agency
Rules
704.3. Definitions
704.4. Jurisdiction
704.5. Initiating an Action for Child Support Orders
704.6. Child Support Hearing Procedures
704.7. Determining the Child Support Obligation Determination
704.8. Determining the Child Support Obligation in Special
Circumstances Content and Effect of Order
704.9. Enforcement of Child Support Order
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704.10. Modification of a Child Support Order
704.11. Modification of a Child Support Order for an Incarcerated
Parent Full Faith and Credit for Foreign Child Support Orders
704.12. Compliance Plan Right of Appeal
704.13. Enforcement of an Order
704.14. Alternative Payment Plans
704.15. Administrative Enforcement Action
704.16. Family Court Contempt Enforcement Action
704.17. Full Faith and Credit for Foreign Child Support Orders
704.18. Right of Appeal
704.1. Purpose and Policy
704.1-1. Purpose. The purposes of this law areis to:
(a) Establish the legal responsibility of parents to provide financially for their children’s
general well-being;
(b) Make support payments more equitable by ensuring consistent treatment of persons in
similar circumstances;
(c) Make support payments based on the real earning capability of parents; and
(d) Improve the efficiency of child support establishment and enforcement.
704.1-2. Policy. It is the policy of this law to:
(a) establish an adequate standard of support for children whose paternity has been
established or acknowledged.;
(b) encourage the use of voluntary agreements stipulations to resolve disputes over child
support obligations.; and
(c) limit the use and disclosure of personal information received or maintained by the
Nation’s Family Court and/or the Oneida Tribe Nation Child Support Agency in order to
protect the privacy rights of all parties and children who are involved in proceedings or
actions under this law.
704.2. Adoption, Amendment, Repeal, Other Laws and Agency Rules
704.2-1. This law was adopted by the Oneida Business Committee by resolution BC-06-24-09-B
and amended by resolutions BC-02-24-10-G, BC-02-23-11-E, BC-06-22-11-K, BC-10-10-12-C,
andBC-08-13-14-E, and BC-__-__-__-__.
704.2-2. This law may be amended pursuant to the procedures set out in the Oneida Administrative
Procedures Act or repealed by the Oneida Business Committee or the Oneida General Tribal
Council pursuant to the procedures set out in the Legislative Procedures Act.
704.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
704.2-4. In the event of a conflict between a provision of this law and a provision of another law,
ordinance, policy, regulation, rule, resolution, or motion, the provisions of this law shall control.
7 O.C. 704 – Page 1
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Provided that, nothing in this law is intended to repeal or modify any existing law, ordinance,
policy, regulation, rule, resolution or motion.
704.2-5. This law is adopted under authority of the Constitution of the Oneida Nation Tribe of
Indians of Wisconsin.
704.2-6. Any Agency requirements which would affect individuals outside the Agency and do not
relate to the internal management of the Agency shall require Oneida Business Committee
approval in the form of a law or rule.
704.3. Definitions
704.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Administrative enforcement action” means enforcement actions taken by the Oneida
Nation Child Support Agency authorized by federal regulations which are taken to enforce
a child support order without obtaining an order from the Family Court.
(b) “Agency” shall mean means the Oneida Nation Tribe Child Support Agency
established to administer and supervise the Nation’s Tribe’s child support enforcement
program.
(c) “Alternative payment plan” or “plan” means a negotiated agreement between the
Agency and an obligor, or an order set by the Family Court, to establish terms and
conditions for the payment of arrears.
(d) “Basic support costs” means food, shelter, clothing, transportation, personal care, and
incidental recreational costs.
(e) “Business day” means Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding
holidays recognized by the Nation.
(f) “Child” shall mean means a biological natural or adopted child of the obligor under the
age of eighteen (18), or any person who is less than nineteen (19) years old if he or she is
pursuing a high school diploma or its equivalent from an accredited course of instruction.
(g) “Child support” means the total financial obligation a parent has towards his or her
child as established through judicial and/or administrative processes.
(h) “Child Support Obligation of Low-Income Payers Schedule” means the Wisconsin
Department of Children and Families Child Support Obligation of Low-Income Payers at
the Federal Poverty Guidelines, found in DCF 150 Appendix C.
(i) “Child support order” shall mean means a judgment of the Family Court or a court of
competent jurisdiction ordering payment of child support which provides monetary
support, health care, arrearages, or reimbursement, and which may include related costs
and fees, interest and penalties, income withholding, attorney’s’ fees and other relief.
(e) “Clerk” shall mean the designated clerk in the Family Court who is identified to carry
out certain provisions in this law.
(j) “Contempt” means a willful disregard of the authority of a court or disobedience to its
lawful orders.
(k) “Current six (6) month treasury bill rate” means the yield of a U.S. government security
with a term of six (6) months.
(l) “Custodial parent” shall mean means the parent who exercises physical custody of the
child pursuant to a custody order, on the basis of agreement between the parents or in the
absence of one parent. A legal guardian with primary physical custody of the child or
children and standing in the position of the parent shall have the same rights to child support
as a custodial parent.
7 O.C. 704 – Page 2
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(m) “Employer” shall mean means any individual, business, government, institution, or
other entity paying wages to one or more employees.
(n) “Equity” means the fair market value of property minus the liens on that property with
priority over the child support lien.
(o) “Equivalent care” means a period of time during which the parent cares for the child
that is not overnight, but is determined by the court to require the parent to assume the
basic support costs that are substantially equivalent to what the parent would spend to care
for the child overnight. Blocks of time with the child of at least six (6) hours may be
considered the equivalent of a half-day if a meal is provided during that time period. Two
(2) half-day blocks may be considered the equivalent of an overnight.
(p) “Family Court” shall mean means the judicial arm branch of the Tribe Nation’s
Judiciary that is designated to handle all matters under this Law related to the family and/or
children.
(q) “Gross income” shall mean means any form of payment due to an individual regardless
of source, including, but not limited to:
(1) Salary and wages, including overtime pay;
(2) Interest and investment income;
(3) Social Security disability and old age insurance benefits under 42 U.S.C. §401
to 433;
(4) Net proceeds resulting from worker’s compensation or other personal injury
awards intended to replace income;
(5) Unemployment insurance;
(6) Income continuation benefits;
(7) Voluntary deferred compensation and voluntary employee contributions to the
following: employee benefit plan, profit-sharing, pension or retirement account;
(8) Military allowances and veterans disability compensation benefits;
(9) Undistributed income of a corporation or any partnership in which the parent
has an ownership interest sufficient to individually exercise control or to access the
earnings of the business, unless the income included is an asset;
(10) Per capita distribution payments;
(11) Lease or rental income;
(12) Prizes over one thousand dollars ($1,000); and
(13) All other income, whether taxable or not, except that gross income does not
include any of the following:
(A) Child support;
(B) Foster care payments;
(C) Kinship care payments;
(D) Public assistance benefits, except that child care subsidy payments shall
be considered income to a child care provider;
(E) Food stamps;
(F) Public assistance or financial hardship payments paid by a county or a
tribe Nation;
(G) Supplemental Security Income under 42 U.S.C. §1381 to 1383(f) and
state supplemental payments; or
(H) Payments made for social services.
(r) “Guardian ad litem” means a person appointed by the Family Court to appear at any
peacemaking, mediation, or hearing and tasked with representing the best interest of the
person appointed for.
7 O.C. 704 – Page 3
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(s) “Immediate family member” means an individual’s husband, wife, mother, father, stepmother, step-father, son, daughter, step-son, step-daughter, brother, sister, step-brother,
step-sister, grandparent, grandchild, mother-in-law, father-in-law, daughter-in-law, son-inlaw, brother-in-law or sister-in-law and any of the these relations attained through legal
adoption.
(t) “Income withholding” means the process whereby a court order, Family Court order,
or voluntary wage assignment directs an employer, bank, or agent holding monies or
property of an obligor, to make payments or deliver property to satisfy a child support
obligation.
(u) “Intact family” means a family in which the child or children and the obligor reside in
the same household and the obligor shares his or her income directly with the child or
children and has a legal obligation to support the child or children.
(v) “Legally incompetent adult” shall mean means a person at least eighteen (18) years old
who has been declared incompetent by a court of competent jurisdiction because he or she
is temporarily or permanently impaired to the extent that the person lacks sufficient
understanding to make or communicate responsible personal decisions.
(w) “Lien amount” means the difference between the monthly amount of support due and
the arrears in a case.
(x) “Lien docket” means the registry kept by the State of Wisconsin containing the names
of people who owe past-due child support.
(y) “Low-income obligor” means an obligor for whom the Family Court uses the monthly
support amount provided in the schedule in Appendix A the Child Support Obligation of
Low-Income Payers Schedule based on the Family Court’s determination that the obligor’s
total economic circumstances limit his or her ability to pay support at the level provided
under 704.7-2(a) standard percentages and the obligor’s income is at a level set forth in the
schedule in Appendix A the Child Support Obligation of Low-Income Payers Schedule.
(z) “Marital child” means a child born during the marriage of his or her parents. In
addition, if the father and mother of a non-marital child enter into a lawful marriage or a
marriage which appears and they believe is lawful, except where the parental rights of the
mother were terminated before either of these circumstances, the child becomes a marital
child and shall enjoy all of the rights and privileges of a marital child as if he or she had
been born during the marriage of the parents. The children of all marriages declared void
under the law are nevertheless marital children.
(aa) “Monthly iIncome” shall mean means the obligor’s annual gross income or, if
applicable, the obligor’s annual income modified for business expenses; plus the obligor’s
annual income imputed based on earning capacity; plus the obligor’s annual income
imputed from assets; divided by twelve (12).
(bb) “Nation” means the Oneida Nation.
(cc) “Non-cCustodial pParent” shall mean means the parent of a child who does not hold
primary care, custody and/or control of a child.
(dd) “Non-legally responsible relative” means a relative person connected with a child by
blood, marriage, or adoption who assumes responsibility for the care of a child without
legal custody, but is not in violation of a court order. A “Nnon-legally responsible relative”
does not include a relative who has physical custody of a child during a court-ordered
visitation period.
(ee) “Obligee” shall mean means the person or entity to whom child support is owed.
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(ff) “Obligor” shall mean means the person who is obliged to pay child support to the
obligee.
(gg) “Ownership interest” means any personal financial interest.
(hh) “Parent” means the biological natural or adoptive parent of the child.
(ii) “Payor” shall mean means a person or entity with a legal obligation, as an employer,
buyer of goods, debtor, or otherwise, to pay an obligor.
(r) “Relative” means any person connected with a child by blood, marriage or adoption.
(jj) “Reservation” shall mean means all lands within the exterior boundaries of the
Reservation of the Oneida Nation Tribe of Indians of Wisconsin, as created pursuant to the
1838 Treaty with the Oneida, 7 Stat. 566, and any lands added thereto pursuant to federal
law.
(kk) “Serial family obligor” means an obligor with an existing legal obligation for child
support who incurs an additional legal obligation for child support in a subsequent family
as a result of a child support order.
(ll) “Shared-placement obligor” means a parent who has an ordered period of placement
of at least twenty-five percent (25%), is ordered by the Family Court to assume the child’s
basic support costs in proportion to the time that the parent has placement of the child and
is determined to owe a greater support amount than the other parent.
(mm) “Split-placement obligor” means an obligor who has two (2) or more children and
who has physical placement of one (1) or more children but not all of the children.
(nn) “Stipulation” means a voluntary agreement between parties concerning some relebatn
point.
(mmoo) “Substantial change of income” means the obligor has a significant change in his
or her finances that would lead to a change in child support of more than fifteen percent
(15%) and fifty dollars ($50.00) per month.
(nnpp) “Variable costs” means the reasonable costs above basic support costs incurred by
or on behalf of a child, including but not limited to, the cost of child care, tuition, a child’s
special needs, and other activities that involve substantial cost.
(ooqq) “Threshold” means an amount, expressed as either a percentage of the monthly
amount due, a fixed dollar amount, or both, that the lien amount must equal or exceed
before an administrative enforcement action may be used to enforce a child support order.
(t) “Tribe” or “Tribal” shall mean the Oneida Tribe of Indians of Wisconsin.
(u) “Wage Withholding” shall mean the process whereby a court order, Family Court
order or voluntary wage assignment directs an employer, bank or agent holding monies or
property of an obligor, to make payments or deliver property to satisfy a child support
obligation.
704.4. Jurisdiction
704.4-1. The Family Court has jurisdiction over any action brought under this law.
704.4-2. Personal Jurisdiction. Personal jurisdiction over an individual under this law may be
established where one party or a child of the parties is any of the following:
(a) a member of the Tribe; or Nation;
(b) a resident of the Reservation who is also a member of an Indian tribe, band or
community which is recognized by a State or the federal government;
(c) a resident of the Reservation who is also the biological parent of a the child that is
enrolled or is eligible for enrollment with the Tribe Nation; or
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(d) an individual who consents to the jurisdiction of the Family Court by one (1) of the
following means:
(1) Filing an action with the Family Court.;
(2) Knowingly and voluntarily giving written consent to the jurisdiction of the
Family Court.;
(3) Entering a notice of appearance before the Family Court in an action without
concurrently preserving the defense of lack of personal jurisdiction or filing a
motion to dismiss for lack of personal jurisdiction within thirty (30) days of entering
the notice of appearance.; or
(4) Appearing in an action before the Family Court without asserting the defense
of lack of personal jurisdiction.
704.4-23. Personal jurisdiction over the other party may be established using any method provided
by law, including long-arm jurisdiction procedures as provided for in Section 201 of the Uniform
Interstate Family Support Act as referred to in 42 USC Section U.S.C. §666.
704.4-34. Transfer of Cases from Other Courts. If personal jurisdiction over the parties has been
established under 704.4-1 or 704.4-2 this law, the Family Court has jurisdiction over any action
transferred to the Family Court from any court of competent jurisdiction.
704.5. Initiating an Action for Child Support Orders
704.5-1. Every parent has a duty to support each and every child of that parent. A child support
order may be obtained from the Family Court by either submitting a voluntary agreement to the
Family Court for approval or by filing a petition for child support with the Family Court.
(a) If a party to the action is a minor or is a legally incompetent adult, the Family Court
may appoint a guardian ad litem to represent such party in the action, in accordance with
section 705.8 of the Child Custody, Placement and Visitation law.
704.5-2. A party may request the services of the Agency or may be referred to the Agency from
an entitlement program.
704.5-2. Initiation of Action by the Agency. For assistance in initiating a child support order Aa
party may request the services of the Agency or may be referred to the Agency from an entitlement
program.
(a) Within thirty five (530) business days of receiving a completed application for services
or a referral, the Agency shall send the non- meet with the custodial parent a Letter of
Request for Support and Financial Disclosure form.
(b) Within seven (7) business days of the meeting with the custodial parent, the Agency
shall send a Letter of Request for Support and Financial Disclosure form to the noncustodial parent.
(bc) If the non-custodial parent fails to respond to or take action on the Letter within ten
(10) business days, a second Letter of Request for Support and Financial Disclosure form
shall be sent.
(c) If the non-custodial parent fails to respond to or take action on the second Letter within
five (5 within ten (10) business days, the custodial parent, or the Agency when required by
federal law, may initiate a hearing in accordance with this law.
(d) If the non-custodial parent responds within the required time period after receiving a
Letter of Request for Support and Financial Disclosure form, the parties shall attempt to
enter into a stipulationvoluntary agreement.
704.5-3. Initiation of Action by a Party Not the Agency. Any of the following individuals may
initiate an action for the establishment of child support at any time by filing a petition with the
Family Court:
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(1a) a custodial parent;
(2b) a child’s mother;
(3c) a child’s father;
(4d) a child’s guardian ad litem;
(5e) a child’s non-legally responsible relative; or
(6f) a legally incompetent adult’s guardian ad litem.; or
704.5-34. Voluntary AgreementStipulation. (a) The parties may enter into a stipulation voluntary
agreement at any time as to the level of the child support obligation.
(a) The Agency shall assist parties in reaching a stipulation voluntary agreement upon
request or when the parties are referred to the Agency by an entitlement program. Parties
may also submit a stipulation voluntary agreement to the Family Court for approval without
the Agency’s assistance.
(b) In order for a stipulation voluntary agreement to be valid the following conditions shall
be met:
(1) The stipulation agreement shall be in writing, signed, and notarized;
(2) If the parties deviate from the percentage standards, the stipulation agreement
shall state the amount of support that would have been ordered by the percentage
standards and the reasons for deviating from the percentage standards;
(3) All parties shall sign the stipulation agreement free of duress and coercion; and
(4) The Family Court shall make written findings that the stipulation agreement is
appropriate, using the criteria for deviating from standard percentages under 704.73 as a guideline, if applicable.
(c) After the stipulation agreement is approved and filed by the Family Court, it shall have
the same force and effect as an order issued by the Family Court. The obligation of the
obligor to pay child support shall commence on the date specified in the stipulation
agreement, but no later than the date the agreement is approved and filed by the Family
Court.
704.5-45. Initiating a Hearing Petition to Establish Child Support. If the parties do not enter into
a stipulationvoluntary agreement, then any of the following may initiate an action for the
establishment of a petition to establish child support by filing a petition may be filed with the
Family Court.
(a) a custodial parent;
(b) a child’s natural mother;
(c) a child’s father;
(d) a child’s guardian ad litem;
(e) a child’s non-legally responsible relative;
(f) a legally incompetent adult’s guardian ad litem; or
(g) the Agency when required by federal law.
704.5-5. Petition. The petition to establish child support may be filed as a separate proceeding or
in connection with a petition for child custody. The petition to establish child support shall include
the following:
(a) Requirements of the Petition. The petition to establish child support shall include the
following:
(1) The name, date of birth, and address, and tribal affiliation of the petitioner, and
respondent, and child for whom support is requested;
(1A) If the address of the respondent is unknown, other Tribal departments
of the Nation shall cooperate with the Family Court, at the Family Court’s
request, to provide the Family Court with the respondent’s address. Any
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such Family Court requests shall be made in such a way which protects the
privacy rights of all parties and children who are involved in proceedings or
actions under this law.
(2) With whom the child currently resides;
(3) When and how paternity was established;
(4) Name and date of birth of other children of the parties, and the child support
obligation for those children, if applicable;
(5) Whether either party is receiving state or tribal benefits, and if so, what benefits;
(6) Whether any other action to determine child support has been commenced or
is pending in a court of another jurisdiction and whether a child support order has
been entered by another court;
(7) Financial information such as the parties’ income;
(8) The relief the petitioner is requesting, which shall include, but is not limited to,
establishment of support, request for support back to date of filing, and/or any other
relief the court may deem just and equitable;
(b2) Confidential Petition Addendum. The confidential petition addemdum is a A
separate form which has the parties and the child’s name, date of birth and social
security number. This form shall be kept separate from the petition and shall be
maintained in a confidential file. The form shall be available only to the parties,
their the parties’ attorneys or advocates, the Agency, or any person authorized by
the Family Court to have access to the form.
(b) Nondisclosure of Information in Protected Cases. Upon a finding, which may be made
ex parte, that the health, safety or welfare of a party or child would be unreasonably put at
risk by the disclosure of identifying information, or if an existing order so provides, the
Family Court shall order that the address of the child or party, or other identifying
information, not be disclosed in a pleading or other document filed in a proceeding under
this law.
704.5-6. (c) Hearing Date. Upon receipt of a petition, the Family Court shall schedule a
hearing to determine child support to be held at a time after the filing of the petition and
consistent with the manner of service.
704.5-7. (d) Notice Summons. All parties shall be notified of the petition and of all
hearings, and shall be given an opportunity to be heard.
(1) Service of the Summons. The summons, which N notices the initiationg of an
action shall be served by certified mail (return receipt requested) or in person within
fifteen (15) calendar days after the petition is filed with the Family Court. All
mailing of notice The summons shall include the Family Court clerk’s return
address, with a notice request to file an answer to that address. Subsequent Any
notice after the summons shall be served by first-class mail to the recently verified
last-known address of the party.
(aA) Certified mail. Certified mail sent to a party’s most recently verified
last-known address but returned because it was unclaimed or refused shall
constitute constructive service. Certified mail returned for other reasons
shall require service by other methods pursuant to the Oneida Judiciary
Rules of Civil Procedure.
(bB) Publication. When a responding party cannot be found for personal
service after diligent attempts and attempts to serve the responding party by
certified mail have failed, the petitioner shall may ask the Family Court to
direct the Agency to provide use service by publication. If the request is
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granted, the Agency The publication shall be publish the petition in the
Kalihwisaks Nation’s newspaper or a newspaper of general circulation in
the county of residence of the respondent, if known. The Ppublication shall
be designated as a Legal Notice and any confidential information shall be
redacted.
(1i) If service by publication is usedpermitted and there is
insufficient time for notice and answer pursuant to this lLaw, the
Family Court shall re-schedule the hearing appropriately and may
permit extended time deadlines for default orders and for hearings
in order to provide for fair notice and opportunity for the party to
respond.
704.5-8 (2) Requirements of the Summonsand Petition. The summons to be served
on the respondent(s), along with the petition, shall include the following notice, in
addition to providing a time, place, and date for appearance:
(a1) That if he or she chooses not to appear at the hearing or enter a defense
to the petition challenging the authority of the Family Court to hear the
matter by the date of the hearing, the hearing shall proceed on the basis of
the petitioner’s evidence;
(b2) That a child support order may require the respondentperson found to
be the obligor to pay child support until the child reaches eighteen (18) years
of age or until the child graduates from high school, or its equivalent, up to
age nineteen (19);
(c3) That the respondent’s person found to be the obligor may have his or
her license(s) may be suspended or denied for failure to pay child support,
in addition to other enforcement actions;
(d4) That the respondent’s person found to be the obligor’s employer or
others with evidence of the respondent’s his or her income may be
subpoenaed to provide the Family Court with records of his or her earnings;
(e5) That if the respondent person found to be the obligor is unemployed,
he or she will it shall still be imputed to be determind that he or she is able
to provide some degree of child support and an order of support will shall
be calculated according to this law unless the Family Court makes written
findings ordering otherwise; and
(f6) That any answer to the petition shall be filed with the Family Court
within twenty (20) calendar days of the date of service of the petition, and
a copy served on the other party.
704.5-9 (e) Answers. Answers shall be filed with the Family Court and served on the
petitioner within twenty (20) calendar days of the date of service of the petition in
accordance with the Nation’s laws and policies governing civil procedure.
704.5-10 (f) Subpoenas. Upon request of either party, the Family Court shall issue
subpoenas to any person in possession of relevant information to appear or produce
documents to the Family Court. Failure to comply with such a subpoena may be punishable
as contempt.
704.5-11. Temporary Orders. At any time after a child’s parentage has been established, the
Family Court may make a temporary order for the payment of child support and the ch
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